Sentences with phrase «determining statutory purposes»

Our suggestion is that we should not moralize, in this case via a familiar account of the general purpose of labour law as a whole, a straightforward legal problem of determining statutory purposes and applying the statute rationally in light thereof.

Not exact matches

Where a workplace accident has occurred, and the employer has statutory duties under sections 18 and 19 of the OHSA and simultaneously undertakes an internal investigation, claiming legal privilege over all materials derived as part of that investigation, an inquiry is properly directed to a referee under Rule 6.45 to determine the dominant purpose for the creation of each document or bundle of like documents in order to assess the claims of legal privilege.

We begin by noting that when determining coverage of labour laws (and thus possible and proper segmentation), Canadian courts, at least in some circumstances, simply think in terms of specific statutory purpose (and have not been tripped up along the way by labour law's commonly understood overall purpose).

In relation to the statutory audit — an annual requirement for all publicly traded issuers — both the majority and the minority determined that a duty is owed by an auditor in preparing a statutory audit, that a core purpose of the audit requirement is to allow security holders to collectively supervise management and to take decisions with respect to the overall administration of the issuer, and that a claim by the issuer for losses resulting from a negligent statutory audit could succeed.

Schmidt alleges the minister of Justice and the deputy minister failed to satisfy their statutory obligations to examine proposed legislation to determine if it is «inconsistent with the purposes and provisions» of the Canadian Bill of Rights or the Canadian Charter of Rights and Freedoms, and to advise the House of Commons if it is so.

In determining the appropriate standard of review, Justices LeBel and Cromwell relied on the tribunal's expertise, the factual nature of the question, and the purpose of the statutory provisions at issue.

In Ives Camargo's Case, issued today, the highest court in Massachusetts confirmed that there are varying statutory tests to determine employee verses independent contractor status for purposes of the workers» compensation, unemployment insurance, wage, and tax withholding laws:

(9) Clause (2)(a) shall not be interpreted as prohibiting an additional examination of the applicant under oath, under Ontario Regulation 283/95 (Disputes Between Insurers) made under the Act, at the insurer's request that is conducted for the purpose of determining who is liable under section 268 of the Act to pay statutory accident benefits in respect of the accident.

Applying the statutory construction rules and reviewing the legislative history, the Supreme Court held that the purpose of the counseling provision was to ensure that criminal convictions were known to and considered by the courts when determining custody of children, and to determine whether any lingering danger might exist.

The validity of the contract is then to be determined in relation to the purpose and scope of the statutory provision concerned.

Rather than try to concoct an array of legal definitions for reasonableness review, I believe the Supreme Court should simply encourage circuit courts to determine and explain, on a case - by - case basis, whether and how a particular sentencing outcome serves the purposes that Congress set out in the statutory text of the Sentencing Reform Act.

Fourth, in § 160.203, several criteria relating to the statutory grounds for exception determinations have been further spelled out: (1) The words «related to the provision of or payment for health care» have been added to the exception for fraud and abuse; (2) the words «to the extent expressly authorized by statute or regulation» have been added to the exception for state regulation of health plans; (3) the words «of serving a compelling need related to public health, safety, or welfare, and, where a standard, requirement, or implementation specification under part 164 of this subchapter is at issue, where the Secretary determines that the intrusion into privacy is warranted when balanced against the need to be served» have been added to the general exception «for other purposes»; and (4) the statutory provision regarding controlled substances has been elaborated on as follows: «Has as its principal purpose the regulation of the manufacture, registration, distribution, dispensing, or other control of any controlled substance, as defined at 21 U.S.C. 802, or which is deemed a controlled substance by state law.»