Sentences with phrase «found by the court»

(1) Any customer who enters into a contract with an invention promoter and who is found by a court to have been injured by any material false or fraudulent statement or representation, or any omission of material fact, by that invention promoter (any agent, employee, director, officer, partner, or independent contractor of such invention promoter), or by the failure of that invention promoter to disclose such information as required under subsection (a), may recover in a civil action against the invention promoter (or the officers, directors, or partners of such invention promoter), in addition to reasonable costs and attorneys» fees --

If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

618 [8 T. M. Rep. 283], in which the facts as found by the court were substantially the same as those set forth in the stipulation in this case.

If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties» intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.

Lastly, more than 11 % of violations found by the Court concern the right to life or the prohibition of torture and inhuman or degrading treatment (Articles 2 and 3 of the Convention).

Furthermore, 58 % of violations found by the Court concern Article 6 and Protocol 1 Article 1 (Protection of property).

«This could lead to a finding by a court that the House of Commons was under a duty to adopt an amending resolution,» Mr Jack wrote.

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties» intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties» intentions as reflected in the provision, and the other provisions of these terms and conditions remain in full force and effect.

If any of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provision shall not be affected or impaired.

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties» intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties» intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

In the event of any provision of these Terms and Conditions being found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and Conditions.

If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties» intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties» intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Mr McKenzie was found by the court to have dishonestly accepted payments in return for engaging or recommending certain companies in projects for National Grid and for supporting their tenders for work.

Other arguments presented by the husband were found by the court of appeals to be based upon hearsay because he failed to provide the court of appeals with a transcript of the trial.

Communications to parents and health care providers, such as therapists, have been found by courts to be protected by qualified privilege.

The laws pertaining to solitary confinement were found by the Court to be overbroad and damaging to institutional security.

And, if it a litigation matter and if after a month of trial on that one matter and we KNOW, we are absolutely certain that the LAW and the facts that came out at trial warrant a finding by the Court in our favor, but the Judge rules in our favor and on our motion might even grant a new trial and so we start over again, how can one figure that in?

A notable feature of the solution found by the Court seems to be once again the importance given to judicial review and the reliance on judges.

The Canada Business Corporations Act and Ontario Business Corporations Act provide, respectively, that an individual is disqualified from being a director if he or she has been found under the Substitute Decisions Act, 1992 (Ontario) or under the Mental Health Act (Ontario) to be incapable of managing property or been found to be incapable by a court in Canada or elsewhere, or he or she is of unsound mind and has been so found by a court in Canada or elsewhere.

However, a closer look reveals that the solution found by the Court for the freedom of establishment as enshrined in the AFMP is not the only possible solution.

The clear problem with the requirement of imprisonment, as is found by the Court (paras 59 and 60), is that the narrative of past and future persecution in many countries such as Zimbabwe and Uzbekistan, [13] is that in these and many other countries the law enforcement authorities use the criminal law to extort, blackmail, detain and torture, without recourse of due process of law which would require a trial, conviction and sentencing, in accordance with the national law of the country of origin.

The appeal court's decision is «significant and important» as one of the first racial profiling findings by the court that doesn't involve law enforcement agents, Pieters told Legal Feeds via e-mail.

My question is, has any ostensive government interest ever been found by a court to be illegitimate?

I suppose if the «appeal» went only to whether there would be summary judgment rather than a trial based on the law as found by the court, then the whole SCC said «no summary judgment».

Despite this finding by the Court of Appeal, only Justice Green found that the evidence admitted — of prior sexual history — was so prejudicial that it warranted a new trial on the charges.

Such provisions can work, but case law, including Triodos Bank NV v Dobbs [2005], shows that an agreement that an indulgence clause will only be found by the courts to cover amendments which fall within the purview of the original guarantee.

Likewise we can advise on the likely construction a court or arbitrator would place on a contract or individual terms thereof, what express or implied terms, including statutorily implied terms, would likely be found by a court or arbitrator to be included in a contract.

We are elated that the cruel, inhumane, and discriminatory practice of solitary confinement has been found by the court to be what we've always known: a violation of human rights.

But if such mitigation (or lack of aggravation) is found by the court, the judge could reduce the sentence to 12 or 6 years.

It is invaluable when writing a judgment because in explaining the nature of the case and the facts found by the court, a chronological recitation of the facts makes the judgment much more understandable.

Thus, a temporary layoff could be found by a court to go to the root of the employment relationship, entitling the employee to treat the employment contract as breached by the employer.

This broad notion of independence of the bar was recently found by the Court of Appeal for British Columbia [v] to be a principle of fundamental justice, although that was not accepted by the Supreme Court of Canada [vi].

Similarly few facts, as found by the court, are yet known.

This can occur by delay or other conduct and may result in a finding by a court that rights to take action have been lost.

Indeed, the two types of entry restrictions that are the subject of this section — citizenship requirements and constraints on inter-provincial firms — were found by courts to be, respectively, discriminatory and motivated by concerns to limit competition.

Mr Winkler omits to note that his firm represented the plaintiff in one of Ontario's best - known recent SLAPP suits (so found by the court), where the (now former) mayor of Aurora sued a couple of blog critics for defamation.

What's more, even if the site won't remove the review, Google will typically «de-index» a review that's been found by a court to be defamatory, meaning it won't show up in search results.

This post discusses the finding by the Court of Appeal that it was inappropriate for the application judge to have granted a constructive trust as a remedy for breach of fiduciary duty.

A conviction occurs when you pay the ticket's fine voluntarily or are found by a court to be guilty.

If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties» intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

If any provision of this agreement is found by a court of competent jurisdiction to be unenforceable, the remaining terms and conditions shall nevertheless be of full force and effect.

The court initially entering an order requiring one or both parents to make child support payments has continuing jurisdiction after the entry of the initial order to modify the amount and terms and conditions of the child support payments if the modification is found by the court to be in the best interests of the child; when the child reaches majority; if there is a substantial change in the circumstances of the parties; if s. 743.07 (2) applies; or when a child is emancipated, marries, joins the armed services, or dies.

Has been found by a court in a child protection hearing to have abused, neglected, or abandoned a child;

(b) Monthly income shall be imputed to an unemployed or underemployed parent if such unemployment or underemployment is found by the court to be voluntary on that parent's part, absent a finding of fact by the court of physical or mental incapacity or other circumstances over which the parent has no control.

(ii) may treat as proved any other facts found by a court of the overseas jurisdiction or otherwise established for the purposes of the law of the overseas jurisdiction; or

«Very few cases brought against licensees involve pure agency issues, and licensees who work as facilitators with consumers could still be found by a court to have created an unintentional agency relationship by their actions.»