Sentences with phrase «creature of statute»

In The Owners, Strata Plan NW 499 v. Louis, 2015 BCSC 1487, Mr. Justice Armstrong held that, although creatures of statute, strata corporations were not «government» for the purposes of the Charter and therefore, the disgruntled Mr. Louis» constitutional arguments were not supportable Continue reading →

The patent system in Canada is a creature of statute — it was created by legislation.

As a creature of statute, CUCM's purpose is defined by the Credit Unions and Caisses Populaires Act, which establishes our objectives and credit union expectations.

It is at least arguable that, because a tribunal such as the RTDRS is a creature of statute, it needs to be expressly given the power to set aside its own orders on the basis of natural justice.

The EAT noted that: «The legislature has simply failed to consider the question of contribution in the context of liability for unlawful discrimination, and since the right to contribution is a creature of statute we can not repair that omission.»

Limitation periods are creatures of statute.

Know your legislation: Municipalities are often described as «creatures of statute»; the only powers that they have are those set out in provincial legislation and those implied or necessarily incidental thereto.

Historically, the right to strike was a creature of statute, not an inalienable right.

And so it is, where it exists and is available to the Court as a tool of litigation control, a creature of statute.

Since professional regulatory bodies are creatures of statute, one might mistakenly think that all their duties are expressed within the four corners of their enabling statutes.

Although planning law is a creature of statute, the proper interpretation of the statute is underpinned by general principles, properly referred to as derived from the common law.

This case is a reminder that administrative bodies and tribunals are creatures of statute and can only do what is permitted by their governing statutes.

In particular, it is not true to say, is it, that «proprietary rights in a domain name, like copyright and trademark, is [sic] a creature of statute as opposed to tort and property law»?

It may be that proprietary rights in a domain name, like copyright and trademark, is a creature of statute as opposed to tort and property law, but the appropriate material was not placed before this court to make a determination of the question at issue.

Another thought - provoking question by an audience member was whether there is room for common law equity considerations in copyright law (being a creature of statute).

As a creature of statute, the Tribunal only has the powers conferred on it by Parliament.

The decision is significant because it suggests that the existence of anti-competitive effects in Canada attributable to the impugned conduct (even if the conduct takes place outside of Canada) can be sufficient to establish the necessary «real and substantial connection» granting the Competition Tribunal, a creature of statute, territorial jurisdiction.

Indeed, the Supreme Court of Canada has tirelessly stated that copyright is a «creature of statute» [3], and that creature states that «copyright shall subsist in Canada, for the term hereinafter mentioned, in every original literary, dramatic, musical and artistic work» [4].