Sentences with phrase «found in breach of its duty»

The defendant was also found in breach of its duty following the claimant's return to work.

O2 also argued that in accordance with para 43 (11) of the Hatton judgment, an employer which offers a confidential advice service with referral to appropriate counselling or treatment services is unlikely to be found in breach of duty.

Conversely, licensees must also act honesty, e.g. by accurately reporting royalties owed to the licensor, otherwise they could be found in breach of the duty as well as breach of their royalty reporting obligations under the license.

Not exact matches

Judge slams deception by Hardie board Ten former directors and executives of building materials group James Hardie have been found to have breached their duties by making misleading statements about the firm's ability to pay asbestos compensation, in a decision that has wide - ranging implications for company boards.

Generally, courts have found that the mere fact that a serious injury may occur to a student who is playing on play equipment or playing sport at school does not automatically result in a finding that the school has breached its duty of care.

New guidelines were released by Morgan following the High Court ruling that found there had been a «breach of duty» in omitting humanism from the new religious studies GCSE.

One of the most recent lawsuits the company has found themselves in deals with breach of fiduciary duty from self - dealing within their own company's 401 (k) plan.

Finally I'll leave you with this comment, even if it is a platform for grand standing if the DA's investigations finds evidence that Mann has breached the laws of the land he lives in isn't it the DA's duty to prosecute?

The judge found that H was in breach of his duty to disclose but declined to set aside the order.

In December 2016, the Federal Court of Appeal allowed the appeal of the Governor General in Council and six federal government ministers, after the Federal Court found they had breached their duty to consult the Mikisew Cree on the development and introduction in Parliament of two omnibus bills that reduced federal regulatory oversight of works and projects that might affect the Mikisew Cree's treaty rightIn December 2016, the Federal Court of Appeal allowed the appeal of the Governor General in Council and six federal government ministers, after the Federal Court found they had breached their duty to consult the Mikisew Cree on the development and introduction in Parliament of two omnibus bills that reduced federal regulatory oversight of works and projects that might affect the Mikisew Cree's treaty rightin Council and six federal government ministers, after the Federal Court found they had breached their duty to consult the Mikisew Cree on the development and introduction in Parliament of two omnibus bills that reduced federal regulatory oversight of works and projects that might affect the Mikisew Cree's treaty rightin Parliament of two omnibus bills that reduced federal regulatory oversight of works and projects that might affect the Mikisew Cree's treaty rights.

Lords Justices Hughes, Toulson and Sullivan considered whether the complainant owed a duty to Napier not to reveal the fact the adjudication panel found he acted in breach of the Law Society's conflict of interest rules and decided to reprimand him, or the fact that its findings were upheld by the appeal panel.

These errors of law interact in their effect, and are so basic and pervasive that they undermine all six findings of breach of duty.

The Judge found that the defendant surgeon «chose to provide a liposuction procedure which had been neither requested nor required» and acted in breach of her legal duty to the claimant patient.

Rather, the asserted basis for liability is founded in: Mr. Kelley's alleged unreasonable conduct in physically contacting Mr. Kraft's body in a manner that prevented him from safely exiting the ATV; and Mr. Kelley's breach of a pleaded duty «not to obstruct, delay or prevent Mr. Kraft from exiting the ATV in an emergency situation».

Acted for the Te» mexw Treaty Association intervening at the Supreme Court of Canada with respect to whether the trial judge erred in finding Aboriginal title was established, whether the Crown breached its duty to consult and accommodation, and whether provincial laws of general application apply to Aboriginal title land.

He found that such conduct constituted breaches of the fiduciary and common law duties of care which the sisters owed to the company, which had been engaged in property development.

There is more to this judgement — including an affirmation of a school board's duty to ensure a safe school environment, a finding that the police breached section 8 and a exclusion of evidence finding — but I'll end this post here in favor of brevity.

The litigation firm, which was brought in by the chain's administrators PricewaterhouseCooper (PWC) earlier in the month, is set to begin looking into the conduct of the Phones4u directors who could be the subject of legal action if found to have been in breach of their duties.

The Commission nationale de l'informatique et des libertés (CNIL — the French privacy authority) has recently found a company in breach of its duty to protect the personal information of its employees because the company used unduly short passwords that were too easy to guess and that were not changed often enough.

The Court also unanimously agreed with the Ontario Court of Appeal in its findings on the existence of a fiduciary duty owed by Indalex as administrator of the pension plans, and on Indalex's breach of that duty.

The appellate court upheld the finding that there was enough evidence to establish that Entergy was in breach of its duty of reasonable care for persons on its premises.

The High Court found that Giambrone was in breach of its duty to the claimants in several respects.

In its ruling, the BCSC found Jin had breached her fiduciary duty when she purchased the 3,000 shares on Aug. 22 after learning of Cameco's offer.

The court found that the defendants had breached their fiduciary obligations to her their fiduciary obligations to her when they used their power over the plaintiff to promote their interests in the employment relationship in a manner that conflicted with their overriding duty not to take advantage of her vulnerability.

After affirming the trial judge's decision that Mr. Allen was actually terminated on October 14, 2009, the Court of Appeal for British Columbia cited with approval the decision of Bowes v. Goss Power Products Ltd., 2012 ONCA 425, (canvassed by this blog in the post Fix the Duty to Mitigate) in which the Court of Appeal for Ontario held that if an employment contract provides for a fixed severance package there is no duty on the employee to mitigate his damages, and held that as Mr. Allen's employment agreement did not impose a duty to mitigate, the trial judge properly found he was therefore entitled to the balance owing for 15 months» salary and benefits in lieu of notice as damages for breach of contrDuty to Mitigate) in which the Court of Appeal for Ontario held that if an employment contract provides for a fixed severance package there is no duty on the employee to mitigate his damages, and held that as Mr. Allen's employment agreement did not impose a duty to mitigate, the trial judge properly found he was therefore entitled to the balance owing for 15 months» salary and benefits in lieu of notice as damages for breach of contrduty on the employee to mitigate his damages, and held that as Mr. Allen's employment agreement did not impose a duty to mitigate, the trial judge properly found he was therefore entitled to the balance owing for 15 months» salary and benefits in lieu of notice as damages for breach of contrduty to mitigate, the trial judge properly found he was therefore entitled to the balance owing for 15 months» salary and benefits in lieu of notice as damages for breach of contract.

Cassels Brock submitted on appeal that the trial judge erred in his findings concerning the scope of the dealer retainer; by finding that Cassels Brock breached its duties to the class members; in his treatment of the Saturn dealers» claims; by inferring causation; by awarding aggregate damages; and in his quantification of damages.

The judge's approach to causation was also appealed as he had considered the matter in loss of a chance terms rather than finding that the breach of duty had made a material contribution to the onset of the illness.

In addition, the trial judge found that Dr Varipatis breached his duty of care in failing — by mid 1998 — to refer Mr Almario to a specialist in obesity management who could have investigated all options for managing Mr Almario's morbid obesity: [98In addition, the trial judge found that Dr Varipatis breached his duty of care in failing — by mid 1998 — to refer Mr Almario to a specialist in obesity management who could have investigated all options for managing Mr Almario's morbid obesity: [98in failing — by mid 1998 — to refer Mr Almario to a specialist in obesity management who could have investigated all options for managing Mr Almario's morbid obesity: [98in obesity management who could have investigated all options for managing Mr Almario's morbid obesity: [98].

Duty of fair representation complaints are very rarely successful but in this case, the Board found that the TPPA's conduct breached the Labour Relations Code.

If the trial judge finds the new job is vastly inferior to the old one, such that the employee would not be in breach of the duty to mitigate if she turned it down, the earnings should not be deducted.

The trial judge found a duty of good faith existed in the circumstances, and found that Can - Am had breached that duty, resulting in the total loss of the value of his business which was subsequently expropriated by Mr. Hrynew in the aftermath of Mr. Bhasin's non-renewal.

The S.C.C. upheld the Quebec Human Rights Tribunal's finding that the recitation of the prayer is in breach of the state's duty of neutrality and that it interfered in a discriminatory manner with freedom of conscience and religion.

The trial judge dismissed the claim against the aunt and uncle, but held that the parents knew the grandfather was a pedophile and found them liable in negligence and for a breach of fiduciary duty.

Here, the company had been found to be in breach of competition law, it claimed because of the misdeeds of the defendant ex-directors and ex-employees (so that it is not a case just about directors» duties).

This in turn may mean that in lower value claims some litigants will find practitioners unwilling to invest the required time and money to establish liability, unless the breach of duty is patently gross.

If there is prima facie evidence that the bank is in breach of its equitable duty to obtain a reasonable sale price then this could found the basis for a pre-action disclosure or injunction application — Cuckmere Brick co v Mutual Finance [1971] Ch 949, [1971] 2 All ER 633.

On the officers» case, the breach of duty arises from the fact that the Commissioner found herself in a position where she had to settle the claim and on the terms she did because of a series of allegedly negligent failings in the conduct of the defence (paras [38]- [39]-RRB-.

In Midland Resources Holding Limited v. Shtaif, 2017 ONCA 320, the court partially upheld complicated and detailed findings of fraud, unlawful conspiracy, deceit, and breach of fiduciary duty by the shareholders and directors of two failed corporate ventures to develop oil and gas fields in RussiIn Midland Resources Holding Limited v. Shtaif, 2017 ONCA 320, the court partially upheld complicated and detailed findings of fraud, unlawful conspiracy, deceit, and breach of fiduciary duty by the shareholders and directors of two failed corporate ventures to develop oil and gas fields in Russiin Russia.

INDEMNITY AND INFIDELITY: ADVANCEMENT OF DEFENCE COSTS IN ACTIONS - Canadian Business Law Journal - Indemnification of corporate directors refers to the financial protection provided by the corporation to its directors.1 It shields directors from expenses and liability of legal proceedings alleging breaches of their duty to the corporation.2 This is of concern for directors because, in addition to the potential liability they face if found blameworthy, the cost of funding an adequate defence can be staggerinOF DEFENCE COSTS IN ACTIONS - Canadian Business Law Journal - Indemnification of corporate directors refers to the financial protection provided by the corporation to its directors.1 It shields directors from expenses and liability of legal proceedings alleging breaches of their duty to the corporation.2 This is of concern for directors because, in addition to the potential liability they face if found blameworthy, the cost of funding an adequate defence can be staggerinIN ACTIONS - Canadian Business Law Journal - Indemnification of corporate directors refers to the financial protection provided by the corporation to its directors.1 It shields directors from expenses and liability of legal proceedings alleging breaches of their duty to the corporation.2 This is of concern for directors because, in addition to the potential liability they face if found blameworthy, the cost of funding an adequate defence can be staggerinof corporate directors refers to the financial protection provided by the corporation to its directors.1 It shields directors from expenses and liability of legal proceedings alleging breaches of their duty to the corporation.2 This is of concern for directors because, in addition to the potential liability they face if found blameworthy, the cost of funding an adequate defence can be staggerinof legal proceedings alleging breaches of their duty to the corporation.2 This is of concern for directors because, in addition to the potential liability they face if found blameworthy, the cost of funding an adequate defence can be staggerinof their duty to the corporation.2 This is of concern for directors because, in addition to the potential liability they face if found blameworthy, the cost of funding an adequate defence can be staggerinof concern for directors because, in addition to the potential liability they face if found blameworthy, the cost of funding an adequate defence can be staggerinin addition to the potential liability they face if found blameworthy, the cost of funding an adequate defence can be staggerinof funding an adequate defence can be staggering.

[5] The Court of Appeal held that a contractual provision that excluded a director's breach of fiduciary duties as a ground for termination would «eviscerate the prohibition found in s. 134 (3).»

Is there any circumstance in which a regulatory authority might find someone in breach of a duty of confidentiality for having «only» run it through a wiping program a few times?

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.

[5] Finally, Ontario attacks the trial judge's finding that it had a duty in the 1980s and 1990s to eliminate the harmful effects of the buried waste material and that it breached this duty.

The Court of Appeal upheld the trial judge's findings that McGoey, who was both CEO and director at UBS and Look, breached his fiduciary duties owed to UBS and its shareholders and held he was not entitled to receive millions in enhanced severance as a result of his wrongful conduct.

Attorneys for both plaintiffs and defendants will find comprehensive coverage of such matters as: the advantages and disadvantages of suits based on strict liability, negligence and breach of warranty; the use of state consumer protection statutes; the duty to warn and its innumerable ramifications; the liability of the manufacturers, retailers and other potential defendants in the distribution chain; successor liability; federal preemption of common law claims; monitoring product safety during design, manufacturing and distribution; causation theories in actions involving multiple manufacturers; product misuse and alteration; the elements of proof needed in an action; recovery for economic loss; punitive damages; and the government contractor defense.

Did the motion judge err in finding that the entire agreement clause in the parties» contract disposed of any claim regarding the respondent's alleged post-contractual misrepresentations and breach of its overriding duty of honesty?

He also chewed out Makhnevich in a default judgment, finding her actions to be unconscionable and a breach of fiduciary duty, and ruling that Lee's commentary couldn't be defamatory under New York state law.

In the case of Carner v. Shapiro, the landlord was found to have breached the duty of quiet enjoyment to one of his first floor tenants when all the landlord was doing was remodeling the upper stories of the building.

In a case that he describes where the agent failed to show the buyers the SPIS, the registrant was found liable for his breach of duties.

Several other recent breach of fiduciary duty cases retrieved this quarter, including one in which the broker was found liable, are also summarized below.