Sentences with phrase «due diligence defence»

One issue that came up in the first two contested specified penalty hearings before the AUC was whether a due diligence defence was available.

Similarly, in Re YBM Magnex International Inc., the OSC accepted a due diligence defence in respect of certain of the directors of a company charged with material non-disclosure in a prospectus.

In Papa's Holdings Ltd. v. Northwest Territories (Liquor Licensing Board), the Northwest Territories Court of Appeal applied the due diligence defence to a regulatory offence under liquor legislation.

The BC Court of Appeal applied Papa's Holdings and relied on very similar reasoning in determining that the due diligence defence should be available:

The third consists of «absolute liability» offences for which the due diligence defence is not available; proof of the actus reus of the offence is sufficient to convict.

An effective corporate compliance plan will serve two main purposes: (1) reduce the likelihood of businesses violating CASL, and (2) help businesses establish a due diligence defence in the event of a violation.

38 As much as I reject the idea that unfairness or manifest injustice is a sufficient reason for implying a due diligence defence, I am of the opinion that a court is justified in reading words into an Act to avoid such a result, if it can be shown that the relief being granted is compatible with the legislative scheme and neither frustrates nor undermines its purposes.

If the presumption is not rebutted on those grounds, then it is necessary to determine whether the due diligence defence is incompatible with the legislative scheme or whether it frustrates the purposes for which the penalty was imposed.

It is difficult to imagine how one could have a due diligence defence to a breach of such fundamental rules as those breached by Sabourin.

In respect of the fourth consideration, the legislative scheme, the Minister argued that the availability of a due diligence defence was incompatible with the legislative scheme, for two reasons.

[85] No due diligence defence is available.

In both cases, as well as a subsequent case, the AUC applied the due diligence defence as it exists in criminal law.

The Ontario Securities Commission initially took the position that the due diligence defence was not available in public interest proceedings under section 127, in a case involving Gordon Capital Corporation.

For statutes that do not address the availability of the due diligence defence, the answer is less clear.

In summary, while the question of whether a due diligence defence is available in administrative proceedings has not been conclusively settled in Canada, the clear trend is toward a presumption that the defence is available unless it is excluded by clear words or is incompatible with the overall scheme of the statute.

[134] In the end, he held, the presumption in favour of strict liability had not been rebutted; the due diligence defence was therefore available.

However, in Re Sabourin, the OSC rejected the availability of a due diligence defence to allegations of trading securities without registration and without filing a prospectus.

Often a justice of the peace would be hearing a trial and a witness would refer to documents — employee policies, for example, or correspondence — that seemed to suggest that a due diligence defence might be available, but those documents wouldn't be introduced into evidence.

An important part of the due diligence defence put forth by the RCMP was that the magnitude of the risk must be considered with its frequency.

A lot of cases came down to a company's or an individual's inability to lay out a due diligence defence.

At first glance, it would seem to be a good thing for individuals charged with provincial offences to have the possibility of a due diligence defence.

At trial, Quinton Steel did not assert a due diligence defence.

Furthermore, the Minister's power to order an audit combined with the extended limitations period and the elimination of the due diligence defence increase potential liability for and costs that need to be incurred by employers.

Additionally, the due diligence defence will no longer be available to a person or department found to violate the CLC.

However traders would have a due diligence defence to tier 2 damages.

For all these matters, a due diligence defence is available and would normally be covered by an indemnity from the company or directors» and officers» liability insurance.

Finally, it discusses three issues that commonly arise in AMP proceedings: the availability of a due diligence defence, whether AMP provisions apply retrospectively, and interpretive difficulties raised by the novelty of language used in AMP provisions.

CASL contains a due diligence defence that states that a person must not be liable for a violation if they establish that they «exercised due diligence» to prevent the violation.

The offence does not allow for a due diligence defence.

Should there be at least a due diligence defence to such liability?

C.A., Feb 7, 2013)(35295) May 2, 2014 Estoppel is unavailable to avoid the application of a clear legislative provision, including, as in the instant case, one that establishes a strict liability regulatory offence; the facts of this case support neither the due diligence defence nor the defence of officially induced error.

The Alberta statute provides a due diligence defence for prosecutions.

The Appeal Panel's assumptions would preclude a party from raising a due diligence defence which otherwise would be available under the OHSA, and provides the following justification,

Keywords: Provincial Offences, Selling Tobacco to Minors, Strict Liability, Due Diligence Defence, Smoke - Free Ontario Act