Sentences with phrase «duty under»

(2) The person appointed under subsection (1) may, in writing, delegate any power or duty under this Act to any other person or persons.

The appellant sued the respondents alleging negligence, breach of duty of care, and breach of their duty under s. 3 (1) of the Occupiers» Liability Act, R.S.O. 1990, c. O. 2, to «take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.»

Had that been established, the claimants would have had a claim for breach of statutory duty under section 48A Water Resources Act 1991.

Conducting heavy Commercial Court proceedings in relation to a range of financial transactions in respect of which allegations of conspiracy, fraud, breach of tortious duty, breach of contract and breach of fiduciary duty under English and Luxembourg laws are all in issue.

Where a local authority, in the discharge of its duty under s 21 of the National Assistance Act 1948 (NAA 1948), makes arrangements for the provision of care and accommodation by a private care home, that home is not exercising functions of a public nature within s 6 (3)(b) of the Human Rights Act 1998 (HRA 1998).

Heffernan was part of a group of social activist organizations that began an action in 2010 against the Crown and the attorneys - general of Canada and Ontario seeking a declaration that the federal and provincial governments have a duty under the Charter, which they have breached, to:

In arranging the placement the authority acted pursuant to its duty under NAA 1948, s 21.

Having thus held that there was no judicial remedy available to the claimant for a monetary award, Judge Simmonds QC went on to find that HMRC had been in breach of its statutory duty under ICTA 1988, and that its officer / s had been negligent — adding insult to the injury that Martin and his company had already sustained.

Birmingham City Council had assessed YL as being in need of residential accommodation pursuant to s 21 of the National Assistance Act 1948 and, in meeting their duty under this provision, arranged for her to be accommodated in a care home owned by Southern Cross Healthcare, a private commercial company.

Reliance was placed by YL on the fact that her placement at the home was made pursuant to BCC's statutory duty under NAA 1948.

He applied to challenge the order on two grounds: (i) that the effect of the order was to deprive him of his liberty, in breach of Art 5 of the European Convention on Human Rights (the Convention); and (ii), that the secretary of state had breached his statutory duty under PTA 2005, s 8 (1) in relation to consideration of criminal prosecution.

YL's placement at the home was made in pursuance of BCC's duty under the National Assistance Act 1948 (NAA 1948), s 21, which places a duty on local authorities to make arrangements for providing:

Pt 3.5 (1) provided that: «In fulfilling its duty under rule 3.2 the court may give any direction and take any step actively to manage a case unless that direction or step would be inconsistent with legislation, including these rules.»

And since the duty under NHSA 2006, s 3 is imposed on the secretary of state and that on local authorities arising under NAA 1948, s 21 is subject to the approval and direction of the secretary of state, it «follows that there is one primary decision maker, not two, and there is no head on collision between two comparable decisions».

The court held that the relevant duty under NAA 1948, s 21 applied and that P's ordinary residence at the relevant time, for the purpose of assigning that duty, was South Gloucestershire.

It was accepted that a full housing duty under the Housing Act 1996 (HA 1996), s 193 (2) was owed, but instead of providing temporary accommodation, the authority concluded that the family could remain in their accommodation pending a permanent offer.

Delivering judgment, Lang J said «the Council did not conduct the rigorous analysis and consideration required in order to satisfy the «due regard» duty under s 49A of the Disability Discrimination Act 1995, principally because it did not gather the information required to do so properly».

The relegation of the homeless at home to a lower priority band (band B) could not be justified and was a breach of the duty under HA 1996, Pt 6.

Here are the results of testing to make sure it is accurate and reasonable under the circumstances and then finally the attorneys have the duty under Florida Law and Federal Law to produce the information in a reasonably usable format.

This new provision permits covered entities to make disclosures necessary for the effective functioning of OSHA and MSHA requirements, or those of similar state laws, by permitting a health care provider to make disclosures without the authorization of the individual concerning work - related injuries or illnesses or workplace medical surveillance in situations where the employer has a duty under OSHA and MSHA requirements, or under a similar state laws, to keep records on or act on such information.

The provision permits covered health care providers who provide health care as a workforce member of or at the request of an employer to disclose to that employer protected health information concerning work - related injuries or illnesses or workplace medical surveillance in situations where the employer has a duty under the Occupational Safety and Health Act, the Federal Mine Safety and Health Act, or under a similar state law, to keep records on or act on such information.

62 (1) No person shall hinder, obstruct, molest or interfere with or attempt to hinder, obstruct, molest or interfere with an inspector in the exercise of a power or the performance of a duty under this Act or the regulations or in the execution of a warrant issued under this Act or the Provincial Offences Act with respect to a matter under this Act or the regulations.

The TTC has a duty under the Ontario Human Rights Code to investigate a complaint of discrimination.

The duty under Canon 2 to act in a manner that promotes public confidence in the integrity and impartiality of the judiciary applies to all the judge's activities, including the discharge of the judge's adjudicative and administrative responsibilities.

It is an ongoing legal duty under ss.1, 11 and 17 of the Code.

It may be due to current economic pressures that Duxbury calculations seem to be less prevalent; nonetheless, there will be cases in which capitalisation of periodical payments is appropriate and the court will have regard to the various elements required to calculate a Duxbury sum pursuant to the court's duty under the Matrimonial Causes Act 1973 (MCA 1973), s 25A to consider a clean break.

In R v Chargot Ltd [2008] UKHL 73, [2008] All ER (D) 106 (Dec) the House of Lords adjudicated on the burden that the prosecution bears in order to establish a breach of duty under ss 2 and 3 of the Health and Safety at Work (etc) Act 1974 (HSWA 1974).

Regardless of the location, if you have been injured as a result of a property owner's failure to meet their legal duty under Virginia premises liability law, we can help.

On appeal, the First Circuit certified three questions to the Massachusetts Supreme Judicial Court: (1) whether an insurer owes a duty under an insurance policy or the Massachusetts «in for one, in for all» rule to prosecute an insured's counterclaim; (2) whether an insurer owes a duty to fund the prosecution of an insured's counterclaim as part of «Defense Costs;» and (3) when such a duty might give rise to a conflict of interest, so that the insured is entitled to separate counsel at the insurer's expense.

Finally, when considering whether the Lord Chancellor had complied with the public sector equality duty under section 149 of the EqA when introducing the Fees Order, the Court of Appeal considered that the equality impact assessment carried out at the relevant time was adequate to meet that duty.

In particular, the Court found that the Board acted within its statutory duty under the Human Rights Code in requesting an IME.

No truck driver is allowed to possess or be on duty under the influence or using any drugs.

The United States Court of Appeals held that Judge Castel in the SDNY had properly dismissed claims of a breach of fiduciary duty under ERISA asserted against Morgan Stanley Investment Management by the Pension Benefit Guaranty...

Separate from the above, employers have a general duty under human rights legislation to accommodate an unpaid leave of absence in the case of an employee who is unable to work because of a disability.

It is estimated that just under a third of all accidents involve someone at work, which is why employers in Scotland have a duty under the Health and Safety at Work etc Act 1974, to as far as reasonably practicable ensure the health and safety of their employees.

In an injured seaman's suit against the owner of a commercial fishing vessel, a Gloucester County Circuit Court excludes plaintiff's expert because defendant had no duty under maritime law to perform a «job hazard analysis» on vessel - to - vessel ingress and egress,...

The question was whether he failed to discharge his duty under the National Health Service Act 2006, s 3 to «take such steps as he considers necessary to meet all reasonable requirements» for services.

(a) the Tribunal failed to comply with its duty under section 33 of the Act as it did not give the KRG a fair hearing or a reasonable opportunity to put its case and deal with that of its opponents;

The concept of reasonable care to ensure safety is also an implied duty under the employment contract itself.

(b) A provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void.

The new policy statement is especially topical for employers, who have a statutory duty under Ontario's Human Rights Code to accommodate employees with respect to disability to the point of undue hardship.

In addition to the notification requirements under privacy legislation, the organization could also have a broader legal duty under negligence law to notify an individual whose data has been breached if that breach could harm, or could materially increase the risk of harm to, that individual.

For example, attorneys have certain duties in communicating with third parties that non-lawyers do not possess, such as the duty already noted under RPC 4.2 (a) not to communicate with persons known to be represented by counsel without their counsel's consent, the duty under RPC 1.13 (a) to provide adequate warnings as to the lawyer's identity and role, and the duty under RPC 1.13 (b) to make disclosures and «climb the ladder» if wrongdoing is uncovered.

the Court does not have power, or alternatively should not (absent exceptional circumstances) exercise a case management power to «transform» a claim pleaded as a Part 7 claim for breach of statutory duty under the PCR 2015 into a claim for judicial review,

This way, the claimant must put their evidence on the record before they have seen the potentially contradicting evidence in the engineering report.8 Since privileged documents must be listed in Schedule «B» of an affidavit of documents, but there is no duty under the Rules to update Schedule «B», it is best to serve the affidavit of documents in advance of the collection of reports and surveillance.

X submitted that the issue of that certificate had created a statutory duty under s 25 (3) on the commissioners to pay the certified amount.

In the current economic climate, lawyers should have heightened awareness as to their duty under their Code of Conduct to discuss alternative means of settling the client's dispute.

In general law enforcement may have a duty under department policy as a matter of employment law, but there is no general legal duty for a police officer to report a crime committed in their presence.

But that was a very different thing from saying that there were children who were not owed a duty under s 20 because they were or might be owed a duty under HA 1996 Act.

Circular reasoning It was true that the Homelessness (Priority Need for Accommodation)(England) Order 2002 (SI 2002/2051) assumed that there would be some homeless 16 - or 17 - year - olds who were not owed a duty under s 20.