Sentences with phrase «in contravention»

Last June, Nareit, together with several industry colleagues, filed an amicus brief with the NY Court of Appeals arguing that any contrary ruling, permitting minority interest partners to unilaterally dissolve partnerships in contravention of the terms of the written partnership agreement, would have a profound negative impact on the U.S. commercial real estate sector.

Choosing A, to follow instructions that you believe are in contravention of RESA or the Council Rules, may have potentially serious consequences.

If a real estate licensee offered a chance to win a vacation trip to the first 100 purchasers of condominiums in a development the licensee was marketing, such a draw would be in contravention of section 206 of the Criminal Code.

It is intended in all instances that State Associations and local Boards comply with applicable state law and that they do not act in contravention of law.

What if the current owner is / has gutting / gutted the interior (in contravention of the mortgagee's stipulations to the contrary) in an aborted attempt to remodel?

RECO is a police agency; break one of its rules and you can be found in contravention of same, with a penalty attached thereto.

You may be in contravention of your own by laws by driving what has now become a Commercial Vehicle in a residential garage.

Carolyne, REBBA excludes owners, trustees, POAs, Auctioneers, Lawyers etc from the act, so no a home owner is not in contravention.

«Basically, anyone who conducts a competition like ours and offers a sum of money or property for a smaller sum of money, may be in contravention of the Canadian Criminal Code,» says Dwight Logan, treasurer of Cornerstone Opportunities.

Dear Publisher, The Tag attached to the above Poster is illegal and is in contravention of the REALTOR Code of Ethics.

So the next time I want to hire a lawyer he has to make all his personal files available to me otherwise he is in contravention of the competition act.

«Validation» and «confirmation» provisions: The validation provisions, which retrospectively validate all land grants issued in contravention of native title rights, and the confirmation provisions, which wholly extinguish native title rights, or authorise such extinguishment, and therefore wholly deny cultural rights associated with affected land, to a breach of Article 27 rights.

They may therefore amount to discrimination in contravention of subsection 9 (1) of the RDA.

Publication of this material does not constitute an endorsement by ZERO TO THREE of any view expressed herein, and ZERO TO THREE expressly disclaims any liability arising from any inaccuracy or misstatement, or from use of this material in contravention of rules, regulations, or licensing requirements.

The conditions are complex, and considerable uncertainty has arisen as to what they mean.118 Notwithstanding this uncertainty, any sale, exchange, lease, disposal or mortgage of most Aboriginal land in contravention of the conditions is void.119 This may lead to uncertainty as to the validity of transactions involving Aboriginal land.120 Therefore, dealing with LALCs may be perceived to be a high risk venture for developers.121

«Generally, a court may dissolve an injunction where there is «a change of circumstances [whereby] the continued enforcement of the injunctive process would be inequitable, oppressive, or unjust, or in contravention of the policy of the law.»

To read about the what the court considers in a contravention application please see Complying with orders about Children.

A parenting plan is not enforceable although a plan may be taken into account in contravention proceedings.

Where the allegation is that one party has not complied with a court order, the alleging party (the applicant in a contravention case) must establish that it is more likely than not that the alleged breach occurred.

I found that if they had shared the data, they would have been in contravention of the first and second data protection principles of the Data Protection Act.

The RBI is considered to be a «State» under Article 12 of the Constitution and therefore RBI is prohibited under Article 13 to issue any direction / circular which takes away or abridges the fundamental rights enshrined in Part III of the Constitution and any direction so issued in contravention of Article 13 shall be void.

Subsequently, the insurance business of the merged entity was to be demerged so that it could be transferred to HDFC Standard Life Insurance Company.However, the whole scheme did not go down well with the IRDAI as it was in contravention of the Section 35 of the Insurance Act, 1938 that does not allow merger of an insurance business with a non-insurance firm.

The plan explicitly rejects any claims arising whilst the vehicle is used in contravention of the limitations as to use

collection of rents, issues or profits from the Property in contravention of the terms and provisions of the Loan Documents unless the same are applied to the Loan;

Where a vehicle is driven, used, parked, or left in contravention of any of the provisions of this Bylaw, the owner of the vehicle is guilty of the contravention and liable to the penalty provided in this Bylaw.

Are their services in contravention of the Law Societies» Acts that restrict legal assistance to lawyers and licensed paralegals?

A director or officer of the corporation who authorizes, permits or acquiesces in a contravention of the Act or Regulation is also subject to penalties.

(5) Where a police officer believes on reasonable and probable grounds that a person is driving, or has driven, a motor vehicle on a highway in contravention of subsection (1), the officer shall,

The Statement of Allegations alleges that legal assistant Donna Hutchinson tipped stock trader Cameron Cornish by providing him with confidential information about a series of takeover offers between October 2011 and April 2016, all in contravention of the insider trading and tipping provisions in the Ontario Securities Act.

(c) fails without reasonable cause to send a prescribed form of proxy to each shareholder of an offering corporation with notice of a meeting of shareholders in contravention of section 111;

In this instance it seems that Fifty Gallons of Rum, was caught at the wrong place, at the wrong time in contravention of the NS Temperance Act 1918, s 59.

Additionally, persons that have been the subject of violations of the collection of electronic addresses or accessing a computer system to collect personal information (i.e., email harvesting and use) provisions in s. 7.1 (2) and (3) of PIPEDA in contravention of s. 5 (PIPEDA violations) or has suffered conduct that is reviewable under s. 74.011 of the Competition Act, i.e., been the recipient of false or misleading electronic messages (Competition Act violations), can also apply to a court for justice.

Changsha refused to provide any more gears to Northstar, in contravention of the court order requiring it to do so, and regardless of the charge it was granted over the property of Northstar.

Neither Kiselbach or the Society was currently in contravention of the Code provisions, as they were not involved directly in prostitution, and the association was a distinct legal entity from its members.

Israel's interest was in the Straits of Tiran, which had been closed by Egypt since 1951 in contravention of United Nations Security Council Resolution 95.

Second, I found it extremely ironic that after he had creditor proofed the approximately $ 4 million proceeds from the sale of his oilfield service company through an offshore financial arrangement, the only leverage the Justice had over him was the fact that he had earlier sold a $ 100,000 motorhome in contravention of an old, nearly forgotten, preservation order.

Represented Actelion Pharmaceuticals Inc. in connection with government investigation into alleged off label promotion in contravention of the Food Drug and Cosmetic Act and the False Claims Act which ended with government closing investigation and declining to pursue changes.

She dismissed the respondents» claim that no bonus was payable because it allegedly in contravention of the criminal rate of interest, was unconscionable, or was ultra vires the objects of the appellant, the Business Development Bank of Canada («BDC»).

Apple and others will surely argue that Apple has the right to protect its products from being used or tampered with in contravention of its policies, and the company has a legitimate interest in recovering customers» products when they are lost or stolen.

(1) Every person is guilty of an offence under this Act who, having in his possession or control any secret official code word, password, sketch, plan, model, article, note, document or information that relates to or is used in a prohibited place or anything in a prohibited place, or that has been made or obtained in contravention of this Act, or that has been entrusted in confidence to him by any person holding office under Her Majesty, or that he has obtained or to which he has had access while subject to the Code of Service Discipline within the meaning of the National Defence Act or owing to his position as a person who holds or has held office under Her Majesty, or as a person who holds or has held a contract made on behalf of Her Majesty, or a contract the performance of which in whole or in part is carried out in a prohibited place, or as a person who is or has been employed under a person who holds or has held such an office or contract,

What does a Canadian soldier do if asked to handle land mines on Canadian soil, in contravention to our treaty undertakings?

The ECJ summarised by ruling that, where a licensee puts luxury goods on the market in contravention of a provision in a licence agreement but must nevertheless be considered to have done so with the consent of the trade mark owner, the proprietor of the trade mark can rely on such a provision to oppose a resale of those goods on the basis of Art 7 (2) of the Trade Marks Directive only if it can be established that, taking into account the particular circumstances of the case, such resale damages the reputation of the trade mark.

Is service of a claim form by the court in contravention of the claimant's request to serve himself...

Clearly, discriminating against employees or clients, in contravention of our existing duty (under the Ontario Rules) not to discriminate (and Ontario Human Rights law) would run afoul of that obligation, but then, we already have an explicit (and distinct) obligation which addresses such conduct.

It was argued that, in contravention on EU single market rules, they were being taxed more heavily than dividends from UK subsidiaries.»

It is regarding the Canadian Judicial Council's creation of a provision in its Complaints Procedures that I say is clearly in contravention of the mandate the CJC receives from the Judges Act.

Adjudicator finds Alberta Energy and Utilities Board did not disclose personal information in contravention of the FOIP Act

The Specific Claims Tribunal determined Williams Lake had established the validity of the claim against the federal Crown: there were pre-emptive purchases of the lands by settlers, in contravention of colonial policy and law; such contraventions constituted a breach of a legal obligation, pursuant to colonial legislation pertaining to reserved lands; B.C. failed to act honourably and was in breach of its fiduciary duties at common law, by failing to put the Indian interest in settlement lands ahead of settlers» interests; Canada was liable for B.C.'s pre-Confederation breaches of legislation and fiduciary duty, pursuant to the Act; and Canada also breached its post-Confederation fiduciary duties by failing to provide reserve lands to Williams Lake.

Any action, award or partial award of the arbitrator in contravention of this limitation may be the subject of court appeal by the aggrieved party.

In Robbinsville, the New Jersey Supreme Court considered whether Keyport «supports a general proposition that, in times of economic crisis, a school board may unilaterally impose furlough days on teaching staff members in contravention of the parties» collective negotiation agreement governing terms and conditions of employment.»