Sentences with phrase «existing common law duty»

As far as the Court of Appeal was concerned, however, the fl aw in this argument lay in the fact that there was no existing common law duty at the time that FIA 2000 was passed.

Not exact matches

Although this legal obligation has always existed as part of an employer's common law duties in 2010 the obligation was codified in Ontario by way of amendments to the Occupational Health and Safety Act.34 The workplace violence and harassment provisions can now be found in Part III.01 of the Act.

None of the legal teams instructed in these proceedings could find a single reported case, in any common law jurisdiction, in which a court has found that such a duty exists.

The duty of preservation is a foundational concept in our legal system that grows out of the common law concept of spoliation, which is more than 200 years old: if courts exist to make determinations about disputed facts, and if the trier of fact must make those determinations using the available evidence, then no litigant should be allowed to gain advantage in those determinations by destroying relevant evidence before the trier of fact can consider it.

The House of Lords appears to have missed a golden opportunity to incrementally evolve the common law to extend the existing duty of care owed by social workers to children who have allegedly been abused, to their parents as well, which would have been a welcome, purposeful interpretation, in keeping with the spirit of Art 8.

The notion that there exists a duty to preserve evidence relevant to a dispute, or potential dispute, is an ancient and well - documented common law principle.

Where the common law does not adequately protect Indigenous interests then the legislature is under a duty to rectify any discrimination that exists.

Fiduciary duty is a common law concept that exists separate and apart from the statutory duties that are enforced by provincial regulators.

2d 651)-- remedies provision of the Property Condition Disclosure Act are unenforceable beyond the requirement to give a $ 500 credit at closing should the seller refuse to provide the form, thereafter, common law or statutory remedies, if any, are available; information contained in the disclosure statement survives neither contract nor closing; seller answering «unknown» on the disclosure form triggers a duty to inquire on the part of the buyer and relieves the seller of any potential liability for defects that arise in regard to the part of the premises covered by the question; any information disclosed during the sale of the property merges into the contract and does not exist on its own basis of a common law cause of action; buyer's action based on breach of the disclosure statement is dismissed on the grounds that no such cause of action is created by RPL Article 14; buyer's relief exists under common law contract theories and buyers have not proven their prima faciecase under those theories