Sentences with phrase «courts under common law»

Not exact matches

He successfully argued that foreign and domestic investors had asserted viable «holder claims» seeking to recover investment losses due to their retention of already - owned shares in reliance upon the fraud, which is believed to be the first ruling by a U.S. court sustaining such a theory under English common law.

All three cases involved a common issue — a new definition by the Supreme Court requiring a formal exercise of government power rather than just a meeting or phone call to prove a quid pro quo bribery scheme under the federal law prohibiting «honest services fraud.»

In other pollution cases, the Supreme Court has supported suits claiming that pollution caused harm as a «nuisance» under common law, most often interpreted to prohibit noise and light pollution.

There isn't one specific provision in the California constitution that's violated, exactly: Rather, the court identifies three «pertinent» clauses in the constitution: a guarantee of equal protection under the law, a provision ordering the legislature to encourage «intellectual [and] scientific improvement,» and a requirement that the legislature «provide for a system of common schools.»

In a Chapter 7 case, the most common type of personal bankruptcy, the court doesn't allow an individual to keep their assets, but most exemptions allowed under state and federal law are large enough to cover a secured debt such as a house mortgage a car loan.

The RDSP is not exempt from creditors by statute but a recent British Columbia Supreme Court decision in November suggests the RDSP is covered under common law.

In that case, the Supreme Court ruled that companies may not be forced by the states under common law to stop dumping harmful carbon dioxide into the atmosphere.

In 2011's AEP vs. Connecticut, the Supreme Court ruled that individuals may not file nuisance lawsuits regarding carbon emissions under federal common law because carbon emissions are already regulated by the Clean Air Act.

[1] Put differently, if, as the courts have repeatedly stated, [2] the class action is only a procedural device that does not alter the substantive law, has the payment of settlement monies to non-parties expanded the remedial choices normally available to a wronged party under either the common law or statute?

The issue the appellate court examined was whether the plaintiff was prevented from obtaining damages under common law, due to the Texas Workers» Compensation Act.

The common law and equity courts were merged in 1881 under the Ontario Judicature Act to create the new Supreme Court of Ontario with two branches: the High Court of Justice and the Court of Appeal.

John sues for wrongful dismissal and the court decides that under the common - law, John's reasonable notice period was one year.

It follows that the issue then becomes whether the exemptions under the Court Rules Act can be interpreted so that they are consistent with the common law right of access to civil justice, which is preserved, as the Attorney General submits, by the Court Rules Act.

This was the first decision from Canada's top court to hold that the exclusion of same - sex couples from the definition of common law spouses violated the Charter's equality provisions under section 15 and was not justified under section 1.

In the recent case of Brown v. Terins, 2016 BCSC 42, the Supreme Court of British Columbia dealt with a wills variation claim brought forward by a common - law spouse of the deceased under section 60 of the Wills, Estates and Succession Act (WESA).

The court held that whilst inadmissible under the Road Traffic Act 1972, s 10 (3), the printout was admissible at common law as being real evidence and had been linked to the motorist by oral evidence.

Under the common law system, opinions from courts above form binding precedent.

The High Court held, applying Wyatt v Hillingdon London Borough Council (1978) 76 LGR 727, that a council's failure to comply with its statutory duty to provide domiciliary care services under s 2 of the Chronically Sick and Disabled Persons Act 1970 can not amount to breach of a common law duty of care.

Their use of historical 18th century legal materials has expanded beyond the typical view of using historical common law to maintain a conservative legal outlook, and has now covered seemingly every conceivable aspect of American federal court practice that comes under a historical question or issue.

The Ontario Court of Appeal dismissed the appeal, holding that the common law definition of marriage offended the equality rights of gays and lesbians under s. 15 of the Charter in a manner that could not be justified in a free and democratic society.

However, Florida Statute 768.0755 is not the only Florida law that applies to slip and fall injuries in Florida hotels and resorts, (like slip and fall injuries in showers, tubs, pools, hot tubs, lobbies, etc.), Florida common law created by Florida court cases -LRB-» precedent») also applies under the theory of premises liability.

Two further decisions impacted on the right to education: in Re JR 17 [2010] UKHL 27 (the appeal from Northern Ireland) the Supreme Court confirmed that a school principal has no common law power to suspend a pupil from school for an alleged breach of discipline, and in A v Essex County Council [2010] UKHL 33 the court ruled (by 3 to 2) that autistic children have no absolute right to an effective education under Protocol 1 to the Court confirmed that a school principal has no common law power to suspend a pupil from school for an alleged breach of discipline, and in A v Essex County Council [2010] UKHL 33 the court ruled (by 3 to 2) that autistic children have no absolute right to an effective education under Protocol 1 to the court ruled (by 3 to 2) that autistic children have no absolute right to an effective education under Protocol 1 to the ECHR.

Ultimately the Court in Khadr offered a declaratory remedy to properly respect the prerogative powers of the executive, but noted that the executive is not exempt from constitutional scrutiny, even when exercising its common law powers under royal prerogative.

Greene has not cited — and the Court has not found — a single statute, regulation, rule, or judicial opinion holding that a litigant has a right of access (under the First Amendment, the common law, or anything else) to communications between a judge and his or her law clerk, including draft opinions and orders.

A case commonly cited on this issue is British Columbia v Henfrey Samson Belair Ltd. (1989), 59 DLR (4th) 726 (SCC)(«Samson»), where the Court determined that if the property deemed to be in trust by the province under the Social Service Tax Act (RSBC 1979, c 388) formed a true trust at common law, then the property would be exempt from distribution, thereby affirming the provision in the BIA.

Likewise, from the employee's perspective, it ensures a guaranteed entitlement that may be greater than that which a court would award under common law.

Last year, a county court judge ruled that personal contracts could not be assigned under common law.

What perhaps did not receive adequate attention by the Court of Appeal is that Obeah has an extensive history of persecution by the British Crown, specifically under the common law system, especially during periods of slavery and colonial discrimination.

Furthermore, in respect of the ownership of shares the court had to consider if this issue fell within the «succession» exception in Art 1 (2)(a) of the Brussels Regulation 44/2001 or Lugano II Convention; if so, did the English court have jurisdiction under the common law?

For example, an analysis of this concept in the context of random drug testing of students engaged in extracurricular activities where the school's common law authority is balanced against constitutional concerns about privacy under the 4th Amendment is found in the U.S. Supreme Court case Vernonia School District 47J v. Acton, 515 U.S. 646 (1995).

There had been a real willingness on the part of lower courts to rule that under - inclusive termination provisions were unenforceable, and that employees subject to them were actually entitled to common law notice of termination (which, again, is often far in excess of what the ESA provides for).

The Supreme Court emphasised that, despite some common ground, the principle of proportionality in EU law was not expressed or applied in the same way as the proportionality principle under the ECHR.

As far as the claims under EU law were concerned, it was common ground before the Court of Appeal that, so far as relevant to the instant case, Article 47 of the Charter had the same substantive content as Article 6 of the Convention.

Justice Gorsuch, joined by Chief Justice Roberts dissented in a very readable opinion arguing that under English common law, patents were dealt with by the courts, not the Privy Council, and that the Founders understood this.

Therefore, any driver making a left turn who crashes into another vehicle may be held liable under Florida common law, or court - created negligence law, as well as statutory motor vehicle laws.

Whether the court possessed any common law power to protect the anonymity of a party where rights under the ECHR (given effect by the Human Rights Act 1998 (HRA)-RRB- are engaged;

From a theoretical / policy - based viewpoint, it perhaps stands in stark contrast to a decision of the Supreme Court of Canada a few weeks ago which ruled that under Quebec Family Law, it is not unconstitutional for common - law spouses to be given different rights from married couples in connection with certain specific rights arising from support upon separatiLaw, it is not unconstitutional for common - law spouses to be given different rights from married couples in connection with certain specific rights arising from support upon separatilaw spouses to be given different rights from married couples in connection with certain specific rights arising from support upon separation.

The Supreme Court adopted the Court of Appeal's description of the position under standard contract law (see Lord Clarke's judgment at para 20): ordinarily where the terms are in writing and there are no oral terms then the written terms will, prima facie, represent the whole of the parties» agreement; the parties are bound by the written terms when they sign the contract; the written terms will stand unless they do not accurately reflect what was agreed because of a mistake (generally common to the parties); and no terms which conflict with the express terms can be implied into the contract.

Reasonable notice of termination under the common law (court decisions) is often extraordinarily higher than the statutory minimums.

I would even go so far as to say that Indigenous law is distinguishable from «Aboriginal Law» which is the source of law derived through the courts» interpretation of colonial legal instruments under common and civil law such as The Royal Proclamation of 1763, the British North American Act and the Canadian Constitution as they relate to «Aboriginal» peoplaw is distinguishable from «Aboriginal Law» which is the source of law derived through the courts» interpretation of colonial legal instruments under common and civil law such as The Royal Proclamation of 1763, the British North American Act and the Canadian Constitution as they relate to «Aboriginal» peopLaw» which is the source of law derived through the courts» interpretation of colonial legal instruments under common and civil law such as The Royal Proclamation of 1763, the British North American Act and the Canadian Constitution as they relate to «Aboriginal» peoplaw derived through the courts» interpretation of colonial legal instruments under common and civil law such as The Royal Proclamation of 1763, the British North American Act and the Canadian Constitution as they relate to «Aboriginal» peoplaw such as The Royal Proclamation of 1763, the British North American Act and the Canadian Constitution as they relate to «Aboriginal» people.

Next the Court describes earlier decisions concerning the test for discrimination under human rights legislation as «common law elaborations of statute» (at para 50).

A family court could find that you are separated even if you and your spouse are continuing to live under the same roof and even if the Canada Revenue Agency has the view that you are still cohabiting together in a married or common - law relationship.

The Court noted the well - established presumption that an employee whose employment is terminated without cause is entitled to common law reasonable notice unless some other notice period, which meets the minimum entitlements under the Employment Standards Act, 2000 (the «ESA»), is clearly specified in the employment agreement, either expressly or impliedly.

The court noted the recognition of a right to privacy under the Charter and said the common law should be developed in a manner consistent with Charter values.

The general court wishes to perpetuate and reiterate the rights of the jury, as ordained under common law and recognized in the American jurisprudence, while preserving the rights of a criminal defendant.

In its pronouncement that there are limited circumstances under which an arbitrator's decision can be appealed to a court, the SCC turned the common law surrounding the interpretation of contracts on its head.

With respect to whether the court should recognize a new common law duty of honesty in contractual performance - under the broad umbrella of the organizing principle of good faith performance of contracts Justice Cromwell held that the Court shcourt should recognize a new common law duty of honesty in contractual performance - under the broad umbrella of the organizing principle of good faith performance of contracts Justice Cromwell held that the Court shCourt should.

Other «reasonable conditions... desirable to secure the good conduct of the defendant» can be added to the recognizance, and under subsection (3.2), the justice or summary conviction court «shall consider whether it is desirable, in the interests of the safety» of the defendant's spouse, common - law partner or child, to add to the recognizance either or both of these conditions:

This means, for example, that injunctions, interim orders and other judgments obtained from foreign courts for specific performance, payment into court or a declaration / dismissal of a claim / counterclaim can be recognised but can not be enforced under English common law.

The below discusses the most common interim orders and applications under BC Family Law and at the Supreme Court: