Sentences with phrase «enforced by the courts»

Good counseling before placement for both the birthparents and the adoptive parents can help everyone think through what they want and what they will do so that a good agreement will written up — one that doesn't * need * to be legally enforced by a court of law, because everyone is committed to following through in the best interests of the child.

People who fail to pay fines enforced by the courts or police will face a tougher range of penalties, ministers will announce today.

Moreover, libel laws are more stringently enforced by the courts, and campaigning is tightly controlled by centralised party machines.

An unwritten body of law based on general custom and usage which is recognized and enforced by the courts.

This doesn't mean that any mine is by definition a violation of treaty rights, but the federal and provincial governments are required to conduct meaningful consultation with first nations affected and the first nations have significant rights that can potentially be enforced by court action.

In the absence of a codified constitution, it is necessary for us to turn to constitutional convention or, as Dicey termed them, the «understandings, habits or practices which, though they may regulate the conduct of... officials, are not in reality laws at all since they are not enforced by the courts» (An Introduction to the Study of the Law of the Constitution (1959) 10th edn, Macmillan, p 24).

Non-competition clauses can be enforced by courts in BC.

A prenuptial agreement will not be enforced by the court where a spouse seeking to enforce the agreement made misrepresentations or lied to the other spouse concerning his or her assets or debts before they signed the pre-nup.

That being said, should the profession approve of an ethical boundary, it ought to be enforced by the court.

The answer appears unambiguous: a properly drafted release will be fully enforced by the courts...

Depiction releases typically contain language which not only allows a producer to make use of footage and photographs of a TV show participant, but which also specifically precludes the participant from suing the producers or broadcasters of the show for any reason — one previously unsettled issue was the extent to which such language (which is generally provided to participants on a «take it or leave it» basis) would be enforced by the courts.

Some illegalities might prevent that agreement being enforced by a court in the future, but that's a different issue.

«Consumers and traders also need to be confident that the contractual terms on which they do business can be efficiently enforced by courts in their own country.»

If a Cohabitation Agreement is fair and reasonable to each person, and each person sought independent legal advice before signing the document, it is likely to be enforced by a court.

In conclusion, a clause in an employment contract that purports to allow the employer to unilaterally change the terms of employment is more likely to be enforced by the court if it is limited in its scope.

As a result, the non-solicitation clause was enforced by the Court of Appeal, and Pesin's appeal was denied.

The arbitral award may include an award of specific performance and may be enforced by any court of competent jurisdiction, including the Kurdistan Region.

Approximately 30 % of termination clauses in Ontario have not been properly drafted and, therefore, will not be enforced by a court allowing the dismissed employee to claim a much larger severance package.

These clauses have been enforced by some courts where the language in the clause makes payment by the owner to the prime contractor an express condition precedent to payment of the subcontractor.

It is common for employers to place termination clauses and non-competition and non-solicitation clauses in employment contracts that will not be enforced by a court.

Experienced employment lawyers are very good at spotting termination clauses that will not be enforced by a court.

The employer has the employee sign an employment contract that contains a termination clause that will not be enforced by a court.

Employers should have their existing employment contracts reviewed by experienced counsel to ensure that the terms of the contract will actually be enforced by a court.

However, a property division agreement is usually enforced by the Courts if done properly.

Significantly, approximately 30 % of termination clauses in Ontario employment contracts have not been properly drafted and will not be enforced by a court because they breach the minimum standards of the («ESA»).

• A judgment rendered by the court of a member State must be recognized and enforced by the courts of other member States unless one of the exceptions established by the Hague Convention applies.

A significant percentage (perhaps 30 %) of these clauses have not been properly written and, as a result, will not be enforced by a court.

Any contractual provision that purports to limit an employee's rights to less than what he or she would otherwise be entitled to under the minimum standards legislation will not be enforced by a court.

A termination clause will be enforced by a court as long as it provides at least the minimum notice and severance provisions required by the Ontario Employment Standards Act 2000.

Significantly, a termination clause that may potentially breach the ESA in the future might also not be enforced by a court.

In Ontario approximately 30 % of employment contracts contain termination clauses that will not be enforced by a court because the clauses have not been properly drafted.

A significant percentage of these clauses will not be enforced by a court.

Absent such unusual circumstances, however, prenuptial agreements freely and fairly entered into will generally be honored and enforced by the court as written.

The Supreme Court of Canada confirmed in Machtinger v. HOJ Industries Ltd., 1992 CanLII 102 (SCC) that a termination clause will be enforced by the court as long as it meets the minimum standards set out in the Employment Standards Act (and / or other relevant employment legislation).

Even if you are still in the early stages of the process, speaking with a competent attorney can give you a better idea of what to expect and how long the process could take to get a prenuptial agreement enforced by the court.

In most cases, agreements that cover issues not related to finances are unlikely to be enforced by the courts.

If I were Dynamo Holdings, I'd be preparing for the summonses to be enforced by the courts in short order.

The takeaway for employees is that not all contracts, and not every contractual provision contained within an employment contract, will necessarily be enforced by the court.

The court's order refusing counsel's request to withdraw may be enforced by the court's contempt power.

Settlements reached using ODR are nothing more than transactions, i.e.: «contracts by which the parties prevent a future contestation, put an end to a lawsuit or settle difficulties arising in the execution of a judgment, by way of mutual concessions or reservations» (as defined in section 2631 of the Quebec Civil Code), and they are deferred to and enforced by the Courts on a regular basis.

Keep in mind that, in Florida, certain issues such as child custody and child support may not be enforced by the court system, even if both parties agree to them in a prenuptial agreement.

It can, however, be enforced by the court if one or both of the parties are not abiding by its terms.

Resolution of these issues can be incorporated into an agreement that will be protected and enforced by the Court.

A child visitation schedule overseen and enforced by a court helps to settle confusion between parents, especially on important dates.

A: If your parenting plan has been filed with the court, it may be enforced by the court.

In the event either of the parties later fails to abide by the terms of the settlement, the matter may not be arbitrated; instead, the other party should be encouraged to have the settlement agreement judicially enforced by a court of competent jurisdiction.

If a party fails to abide by the arbitration decision, that decision can be enforced by the court.

Not exact matches

Some would be directly affected by the policy, which the government can't enforce because of federal appeals court rulings against it.

Feb. 14, 2014: Federal Court finds federal environment and fisheries ministers broke the law by failing to enforce Species at Risk Act in a lawsuit brought in relation to pipeline route.

After the Supreme Court in 1911 struck down the form of resale price maintenance enabled by fair trade laws, 59 Congress in 1937 carved out an exception for state fair trade laws through the Miller - Tydings Act.60 When the Supreme Court in 1951 ruled that producers could enforce minimum prices only against those retailers that had signed contracts agreeing to do so, 61 Congress responded with a law making minimum prices enforceable against nonsigners too.62