This morning, the Supreme Court of Canada handed down its fourth significant
decision on conflicts of interest, the scope of duties of loyalty, and the appropriate division of responsibility between courts and law societies as regulators of professional conduct.
Not exact matches
A
conflict of interest is a situation in which a
decision - maker is entrusted with making important
decisions on behalf
of someone else, and in which that
decision - maker has some further, «outside»
interest (often, but not always, financial) which may stand to influence their
decision making.
They include the «chilling effects»
of libel suits, the perennial
conflicts between property and access, the three out
of four publishers who intervene in news
decisions affecting their local markets, the advertisers» freedom to move their money to where their
interests are, industry self - regulation in broadcasting and advertising, the backlash against conveying under duress (as in a hostage crisis) points
of view that are never aired as directly without duress, the flareups
of book banning and censorship
of textbooks, the rout
of the civil rights movement, the retreat from principles
of fairness and equality (even where never implemented), the attack
on scientific and humane teaching, the threat
of self - appointed media watchdogs to also spy
on teachers in the classroom, and the general vigor
of ancient orthodoxies masquarading as neo-this and neo-that.
(2) For all persons who review applications for certification, perform
on - site inspections, review certification documents, evaluate qualifications for certification, make recommendations concerning certification, or make certification
decisions and all parties responsibly connected to the certifying agent, a
conflict of interest disclosure report, identifying any food - or agriculture - related business
interests, including business
interests of immediate family members, that cause a
conflict of interest.
People can reasonably consider it to be an unacceptable
conflict of interest that investors who profit directly from Nestlé systematically violating the Code and Resolutions have influence over the FTSE4Good criteria and
decisions on company inclusion.
This clarification was necessitated when our Global Council,
on behalf
of IBFAN, had to take a strategic
decision whether or not and under what conditions IBFAN should participate in two new initiatives by UNICEF and WHO, WHO NetCode, and the UNICEF Breastfeeding Advocacy Initiative, both receiving funding from the BMGF, which has direct links and gets its returns from the baby food industry and also engages with entities such as the Global Alliance for Improved Nutrition (GAIN) that create situations
of risk
of conflicts of Interest in infant and young child feeding.
Breastfeeding is a lifeline for infants and young children in emergencies, has zero environmental impact, and States have a human rights obligation to ensure that mothers are enabled to make an informed
decision on infant feeding, free
of conflicts of interests.
Decision: Having reviewed the evidence
on the actions and conduct
of the Respondent after the gift was made, the Commission is satisfied that his actions and conduct sufficiently dealt with any
conflict of interest that could have been occasioned.
From an eyewitness account
of the Tuesday Town
of Sanford Board meeting, we heard the following: «People speaking included those with land and with leases who had signed the petition asking for the resolution that was passed to be rescinded, for board members with
conflicts of interest to recuse themselves from shale gas
decisions, and for no resolutions
on shale gas extraction to be passed without notifying the public a week in advance and allowing full participation.
However, the conviction was later vacated
on appeal based
on a U.S. Supreme Court
decision that honest - services fraud convictions can not be based solely
on concealment
of a
conflict of interest.
On the other side
of the political aisle, Town Council candidate Frank Gordon, the only true Democrat running in the upcoming election, said the
decision will create an atmosphere for
conflicts of interest.
New York City is flouting a state law that requires unpaid members
of policymaking boards and commissions to file financial - disclosure statements — an ethics breach that allows officials
on some powerful panels to make
decisions without any sunlight
on potential
conflicts of interest.
The government is set to give the go - ahead to the UK's first super casino
on a trial basis later this year, and the Conservatives have expressed concern about the potential for
conflict of interest in any role Mr Prescott might have in making this
decision.
Now, the sentencings
of Silver and Skelos will put pressure
on lawmakers to react legislatively, Johnston said, and there are measures that can help, from tightening
conflict -
of -
interest laws to some campaign finance changes to limit what he calls some
of the «legal corruption»
of money influencing the outcome
of policy
decisions.
The statement signed by the President
of SOKAD — USA, Dr. Freeman Kamuru, its Secretary, Danlami Ngboze and Financial Secretary, Saidu John, reads: «The
decision of the National Economic Council (NEC)
of the Federal Government
of Nigeria to set up a Sub-Committee to visit the frontline States «involved in herdsmen / farmers
conflict and hold consultations with the stakeholders and
interested parties
on how to end the
conflicts», is a good and welcome move that is long overdue.
He also said that WHO has long - standing
conflict -
of -
interest practices that prevent manufacturers from weighing in
on policy
decisions.
These relationships between oncology and industry are increasing, and concerns exist regarding the extent to which financial
conflicts of interest (FCOIs) can influence medical
decisions and physician behavior.1, 2 Thus, there is a pressing need to better understand the effects
of FCOIs
on both practicing oncologists and academic researchers.
Academy trust leaders have told Schools Week
of their concern that
decisions are being taken
on advice from groups unaware
of best practices in post-16 or SEND education, and who may have a
conflict of interest if their own schools were affected by the new provision.
The only thing more incredible than Governor Dannel Malloy's
decision to appoint Erik Clemons to the State Board
of Education is the fact that Connecticut's Democratic controlled legislature appears ready to rubber - stamp Malloy's nominee despite the «Substantial
Conflict of Interest» that should prevent him from serving
on the Board.
It is not necessarily a bad thing to have an appearance
of a
conflict of interest but in a fair, open and transparent system
of government it is incumbent
on people to be honest and forthcoming about whether a reasonable person would think that their previous relationships might cloud their
decision - making
on a particular topic.
How they operate and make business
decisions must stand up to public scrutiny
on any
conflict of interest potential.
A crucial sign that Warden is «all in» is his
decision to put his business into a blind trust, instead
of hanging
on and facing claims
of conflicted interests or, worse, profiteering.
While NCF will always be available to provide the investor guidance and counseling
on the trust deed investments, the ultimate
decision is in the hands
of the trust deed investor rather than a manager
of a fund who might have
conflicting interests in the investment
decisions.
That EPA letter certainly played a part — as did sustained grassroots advocacy efforts, exposes
on conflicts of interest between State and the pipeline's profiteers, and relentless debunking
of false jobs and energy security promises — in the State Department's move to punt the
decision for a year, take a fresh look at the proposals, and go back to the drawing board to create a new supplemental environmental impact statement.
Decisions on governance and management,
conflict of interest, and procedures were taken by a meeting
of the Panel, the IPCC's governing body, at its 35th session in Geneva
on 6 - 9 June 2012.
The Court
of Appeal applied the test as established in its recent
decision of Hoang v. Vicentini2 to determine whether there was a reasonable apprehension
of conflict of interest on the part
of counsel appointed by the insurer:
The reason for requesting disclosure is that the information may give rise to the knowledge
of a potential
conflict of interest which can thereafter be disclosed and dealt with appropriately, depending
on the situation, without jeopardising the integrity
of proceedings or more importantly
of the consequential
decision.
What's
interesting is that we collect all kinds
of data in our law firms whether it be contacts or
conflict checking, whether it's the documents that we store
on behalf
of clients, whether it's our own individual notes in case files even our billing information are actually all different types
of data that can be used by law firms to guide their practices and their
decision making.
It has been endorsed with a foreword by the eminent former Court
of Appeal Judge, Sir Bernard Rix, whose judgment in FLS v Laker [1999] EWHC B3 (Comm) is still the leading English
decision on «same chambers»
conflict of interest in international arbitration.
Finally, the fourth section deals with
conflicts of interest and counsel, and again provides a crucial summary
of institutional rules and guidelines, together with two well - known ICSID
decisions on the subject.
Relying
on an earlier
decision of the Court in Brockton (Municipality) v. Frank Cowan Co., Justice Laskin confirmed that where a
conflict of interest arises, the insurer may be required to relinquish control
of the defence and pay for independent counsel for its insured.
The emphasis in Pt 35
of the Civil Procedure Rules
on the experts» duty to the court, and the several
decisions of the appellate courts concerning experts»
conflicts of interest and independence, has encouraged a more professional approach by the vast majority
of experts.
The EU seals ban is — in short — a prime example
of a
conflict resulting out
of globalization: as a result
of extensive economic ties between countries, people
on one side
of the globe become aware
of activities
on the other side that are objectionable in their view, and no longer wish to be a part
of those objectionable activities, which
decision in turn affects the economic
interests of those engaged in such activities.
Parenting coordination is a court ordered, child - focused dispute resolution process in which a Parenting Coordinator is appointed to assist high
conflict parties by accessing and managing
conflicts, redirecting the focus
of the parties to the needs
of the child, and educating the parties
on how to make
decisions that are in the best
interest of the child.
Here, however, the AGC was named as a respondent by ACJ Douglas, which meant that the AGC was placed in a fundamental
conflict «between two public
interest positions —
on the one hand, defending the process and the Committee's
decision... and,
on the other, abandoning that responsibility in deference to the direct role
of the AGC as Minister
of Justice in the disciplinary process for superior court judges» (para. 7).
With the appeal
decision in the notorious Groia case now
on reserve, headlines
on a different matter have moved to centre stage: a Law Society hearing panel has «exonerated» and «absolved» two Torys lawyers — Beth DeMerchant and Darren Sukonick —
of conflict of interest allegations in relation to work done for the Hollinger Group
of Companies.
Counsellor discusses the parties» circumstances and the circumstances and history
of care
of their children, as well as parenting after separation, the effect
of conflict on children, age - appropriate parenting plans and the centrality
of the children's best
interests in future
decision - making.
And we were delighted with Justice Hackland's
decision on Monday ordering the Mayor be removed from office for violating Toronto's Municipal
Conflict of Interest Act.
There is an important speech by Justice Ian Binnie entitled, Sondage Après Sondage... A few Thoughts about
Conflicts of Interest» by Justice Ian Binnie, edited version
of remarks at a panel discussion at Les Journées Strasbourgeoises in Strasbourg, France,
on July 4, 2008, which illuminates the court's
decision in R. v. Neil but you won't find it anywhere electronically, only in a conference volume published by Les Editions Yvon Blais.
The Divisional Court
of the Ontario Superior Court
of Justice allowed the appeal
of Toronto Mayor Rob Ford
on Friday in Magder v. Ford, reversing the
decision of Justice Hackland, which had ruled that Ford had violated s. 5
of the Municipal
Conflict of Interest Act (MCIA).
If your broker works
on commission, the fee structure may change, and they'll be obligated to give you advice that could lead to better financial
decision making without any
conflict of interest.
The entrepreneur's dual - CEO role recently placed him under some pressure, with several industry watchers suggesting he's in a
conflict of interest that's preventing him from being objective when making a
decision on whether to ban advertisements for initial coin offerings and new cryptocurrencies
on Twitter.
The parenting coordinator should provide guidance and direction to the parties with the primary focus
on the best
interests of the child by reducing
conflict and fostering sound
decisions that aid positive child development.»