Sentences with phrase «include statutory claims»

The doctrine of special circumstances is of no avail to any of the plaintiffs herein since neither the limitation period in s. 138.14 nor the leave requirement in s. 138.8 can be defeated by amending the pleadings to include a statutory claim under s. 138.3.

Not exact matches

You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration and legal costs on a full indemnity basis), claims, actions and any other losses or liabilities suffered by Us and arising from or relating to Your use of the service, information and / or other material posted on the Service by You and / or arising from or due to any breach of contract, any tortious act and / or omission and / or any breach of statutory due by You.

Their corresponding state constitutional and statutory claims, which included freedom of religion, similarly lacked an evidentiary foundation.

GEO Group is being sued by the State of Mississippi over «several statutory and common law claims, including violations of various public servant statutes, racketeering activity, antitrust law, civil conspiracy, unjust enrichment and fraud.

Requirements governing the initiation of statutory and collective bargaining claims remain unchanged, including the time frames for filing such claims.

Price Guide: (recommended price before statutory and delivery charges): $ 35,290 Options fitted: (not included in above price): Privacy glass $ 250; Coloured roof $ 390; Satellite navigation $ 2890; Rear parking sensors $ 640 Crash rating: Five - star (EuroNCAP) Fuel: 95 RON PULP Claimed fuel economy (L / 100 km): 8.2 CO2 emissions (g / km): 194 Also consider: Kia Sportage (from $ 26,990); Mazda CX - 5 (from $ 27,880); Nissan X-TRAIL (from $ 28,490); Volkswagn Tiguan (from $ 28,490)

Price Guide (recommended price before statutory & delivery charges): $ 36,490 Options fitted to test car (not included in above price): N / A Crash rating: Five - star ANCAP) Fuel: Diesel Claimed fuel economy (L / 100 km): 5.8 CO2 emissions (g / km): 168 Also consider: Hyundai ix35 (from $ 26,990); Nissan Dualis (from $ 25,990); Subaru XV (from $ 28,490); Skoda Yeti (from $ 26,290)

Price Guide (recommended price before statutory & delivery charges): $ 41,490 Options fitted to test car (not included in above price): Nil Crash rating: Five - star (ANCAP) Fuel: 91 RON ULP Claimed fuel economy (L / 100 km): 5.2 CO2 emissions (g / km): 121 Also consider: Ford Falcon G6 EcoBoost (from $ 40,835); Holden Commodore Berlina 3.0 SIDI (from $ 43,490); Nissan Maxima 250 ST - L (from $ 33,990); Volkswagen Passat 118 TSI (from $ 38,990)

Price guide (recommended price before statutory and delivery charges): $ 29,990 Options fitted to test car (not included in above price): Nil Crash rating (ANCAP): Five - stars Fuel: Diesel Claimed fuel economy (L / 100 km): 6.9 CO2 emissions (g / km): 183 Also consider: Skoda Octavia 2.0 TDI

Price Guide (recommended price before statutory & delivery charges): $ 47,200 Options fitted to test car (not included in above price): Sports Pack $ 2605 Crash rating: Four - star Fuel: 95 - 98 RON PULP Claimed fuel economy (L / 100 km): 8.1 CO2 emissions (g / km): 192 Also consider: Volkswagen Eos

Mercedes - Benz ML 63 AMG Road Test Price Guide (recommended price before statutory & delivery charges): $ 179,400 Options fitted to test car (not included in above price): Performance Package $ 10,950 Crash rating: Five - star (Euro NCAP) Fuel: 95 RON PULP Claimed fuel economy (L / 100 km): 11.8 CO2 emissions (g / km): 276 Also consider: BMW X5 M (from $ 183,700); Porsche Cayenne Turbo (from $ 247,500); Range Rover Autobiography V8 Supercharged (from $ 240,100)

Price Guide (recommended price before statutory & delivery charges): $ 62,900 Options fitted to test car (not included in above price): Metallic paint $ 1850; Technik package (MMI navigation plus, three - zone climate control; reversing camera) $ 4950; Luggage rail system with load securing set $ 450 Crash rating: Five - star ANCAP Fuel: 98 RON PULP Claimed fuel economy (L / 100 km): 7.9 CO2 emissions (g / km): 184 Also consider: BMW X3 (from $ 59,500); Land Rover Evoque (from $ 49,995); Land Rover Freelander 2 (from $ 42,300); Volvo XC60 (from $ 55,490).

Price Guide (recommended price before statutory and delivery charges): $ 38,990 Options fitted to test car (not included in above price): Nil Crash rating: five - star Fuel: 95 RON PULP Claimed fuel economy (L / 100 km): 8.2 CO2 emissions (g / km): 195 Also consider: Mini Cooper S JCW, Peugeot 207 GTI, Polo GTI (when it arrives)

Price Guide (recommended price before statutory & delivery charges): $ 139,900 Options fitted to test car (not included in above price): Pearl effect paint $ 1377; BOSE surround sound $ 1300; extended leather package $ 960; LED interior lighting package $ 300 Crash rating: N / A Fuel: 95 RON PULP Claimed fuel economy (L / 100 km): 8.5 CO2 emissions (g / km): 197 Also consider: BMW M3 (from $ 125,000); BMW Z4 sDrive35is ($ 120,000); Mercedes - Benz C 63 AMG ($ 154,900); Mercedes - Benz SLK 55 AMG ($ 155,050); Porsche Cayman S ($ 150,400)

You and Velocity Micro agree that any claim, dispute, or controversy, whether in contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effect.

This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other sources of law.

A «CLAIM» IS ANY CASE, CONTROVERSY, DISPUTE, TORT, DISAGREEMENT, LAWSUIT, LEGAL ACTION, OR CLAIM NOW OR HEREAFTER PENDING BETWEEN YOU AND PyramidCreditRepair.com, INCLUDING BUT NOT LIMITED TO ANY ALLEGED STATE OF FEDERAL STATUTORY VIOLATION, OR ANY DISPUTE OVER THE INTERPRETATION OF THE WEBSITE TERMS OR THE ARBITRABILITY OF ANY CLAIM PURSUANT TO THE WEBSITE TERMS.

Governing Law: Client and Mulcoy Travel agree that these terms and conditions, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between client and Mulcoy Travel arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour, advertising by Mulcoy Travel, or any related purchase shall be governed by the laws of the State of California without regard to conflicts of laws rules.

Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then iINCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then iincluding, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effect.

However, it says that it «reserves its legal and equitable rights in electronic files it creates and maintains, including without limitation, the right to claim copyright in any copyrightable materials, electronic files, data, source code and / or anything in addition to the statutory text and numbering in the content of the site (s).»

These include for example, the right to claim unfair dismissal, to receive statutory sick pay maternity, paternity and parental rights; to be paid the national living or minimum wage depending if they are aged 25 or more; to have working time rights such as not to be forced to work more than 48 hours per week, regular rest breaks and night working health and safety standards; to receive a statement of terms and conditions of employment.

Advising insolvency practitioners pre and post packaged administration in relation to a range of issues including statutory obligations, contingent claims and ROT.

Ms. Michaud's litigation and arbitration practice primarily includes cross-border contract and business torts disputes, consumer class actions (state and federal statutory violations and data privacy concerns), intellectual property disputes, trade secret misappropriation, competition, as well as other statutory and common law claims.

The complexity of bringing a lawsuit against the government, including the need to comply with statutory requirements in filing a notice of claim for injury, make the assistance of an experienced attorney a valuable asset in any accident or injury case in which a government entity may be at fault.

Experience of dealing with statutory demands and insolvency related hearings from both the creditor and debtor side; including successfully defending the directors of a large group of companies in administration in respect of claims made under personal guarantees.

The court rehearsed a consistent line of earlier rulings including Churchill v Wilkinson and Evans Case C - 442 / 10, [2013] 1 W L R1776 and confirmed that member states have no discretion to permit motor insurers to rely on statutory provisions or contractual clauses to enable them to avoid their liability to meet third party claims, save where expressly permitted by the Motor Insurance Directives.

The AIA included a statutory right for patent owners in all three AIA trial proceedings to move to amend claims.

Our directors and officers (D&O) coverage experience includes disputes arising out of white - collar crime, securities, statutory, and common law claims against corporate entities, officers, directors, and trustees, including adversary proceedings in bankruptcy litigation.

First, the type of claims to which the statutory immunity applies now include common law defamation claims and will protect any statements «regarding matters of public concern that would be protected under the First Amendment [and that] are communicated to a third party.»

Our financial services litigators handle financial services class actions in federal and state courts; bad faith litigation; interpleader cases; trust litigation, escrow arrangements and garnishments; general contract disputes and alleged statutory violations; loan modifications, bad loans and other matters arising from lender - borrower relationships; bankruptcy litigation, including preference and fraudulent conveyance claims; and management of electronic data discovery in large, complex cases.

Generally speaking, aside from very specific types of cases involving contracts, or specific types of statutory relief, a Plaintiff typically includes counts for things like NIED (negligent infliction of emotional distress), pain and suffering, loss of consortium, loss of future earning capacity — these are a few of the types of counts whereby there is no specific value a defendant could ever point to being «fully satisfied» — the reason being, a jury needs to determine the legitimate value of these claims unless the Plaintiff accepts a settlement award whereby he / she / it feels as if it's fully satisfied.

The initial chapters focus on the law and basic principles / procedural requirements of bringing a claim and are a good summary — to include consideration of recent developments such as the impact of Woodland v Swimming Teachers Association [2014] AC 537 on the issue of non-delegable duties and how this applies to the NHS and the introduction of the statutory duty of candour (Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, reg 20).

«TCC claims 2.1 The following are examples of the types of claim which it may be appropriate to bring as TCC claims --(a) building or other construction disputes, including claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996; (b) engineering disputes; (c) claims by and against engineers, architects, surveyors, accountants and other specialised advisers relating to the services they provide; (d) claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings; (e) claims relating to the design, supply and installation of computers, computer software and related network systems; (f) claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered; (g) claims between landlord and tenant for breach of a repairing covenant; (h) claims between neighbours, owners and occupiers of land in trespass, nuisance etc; (i) claims relating to the environment (for example, pollution cases); (j) claims arising out of fires; (k) claims involving taking of accounts where these are complicated; and (l) challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals.»

(2) If an insurer in respect of which a winding - up order has been made under the Winding - up and Restructuring Act (Canada) is liable to pay statutory accident benefits, the benefits, including any benefits that were outstanding at the time the order was made, shall be paid out of the Motor Vehicle Accident Claims Fund.

(b) hold himself, herself or itself out as an adjuster, investigator, consultant or otherwise as an adviser, on behalf of any person having a claim against an insured or an insurer for which indemnity is provided by a motor vehicle liability policy, including a claim for Statutory Accident Benefits.

penalizes the defendant for engaging in public participation «plaintiff» means a person who initiates or maintains a proceeding against a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper purpose.

In any action in Ontario against the licensed insurer or its insured arising out of an automobile accident in Ontario, the insurer shall appear and shall not set up any defence to a claim under a contract made outside Ontario, including any defence as to the limit or limits of liability under the contract, that might not be set up if the contract were evidenced by a motor vehicle liability policy issued in Ontario and such contract made outside Ontario shall be deemed to include the statutory accident benefits referred to in subsection 268 (1).

«insured person» includes a person who is claiming funeral expenses or a death benefit under the Statutory Accident Benefits Schedule; («personne assurée»)

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVE.

Property issues and disputes of all types, including: contracts for the acquisition, development and management of land; options and conditional contracts; overage claims; project management and similar contracts; mortgages and other security arrangements, including enforcement disputes; planning and other statutory issues connected with property contracts; leases of all types; landlord and tenant disputes (particularly commercial — including retail, leisure and distribution — and residential); rent reviews; leasehold enfranchisement; rights over land (including easements, covenants and rights of light); trespass and nuisance claims; disputed asset disposals; estate agency; property - related competition law issues; and commons and village greens.

Her current practice focuses on the defence of statutory accident benefits claims, including acting on behalf of auto insurers in loss transfer and priority disputes between insurers, and tort claims.

He defends employers in a variety of claims, including common law and statutory claims of discrimination, harassment, and retaliation.

Commercial Litigation — Lead attorney in international fraud and breach of contract action resolved in client's favor on summary judgment including recovery of all attorneys» fees; Served as first - chair defending a loan servicer in complex civil litigation involving declaratory judgment action and cross-claims for commercial torts; Second chair for seven day jury trial involving claims for indemnification and statutory business conspiracy; Won summary judgment as the lead counsel on behalf of a charitable trust in litigation over a commercial lease termination; Represented financial institutions in commercial tort actions; Represented finance company in AAA Arbitration.

Her practice includes the defense of class actions, federal statutory claims and qui tam cases.

We also have substantial experience litigating claims that frequently arise in connection with trade secrets» litigation, including claims related to breach of fiduciary duties, non-disclosure agreements, non-compete agreements, and licenses, as well as statutory causes of action under RICO, the Computer Fraud and Abuse Act, and the Electronic Communications Privacy Act.

Recent experience in this area includes unfair prejudice petitions, claims for wrongful and fraudulent trading, applications to set aside statutory demands, validation orders and relating to void transactions.

Claims are divided into type A and type B; broadly speaking, type A claims (for example, statutory redundancy payments, unlawful deductions from wages and breach of contract) are those which the Lord Chancellor regards as typically the more straightforward and accordingly the fees related to such claims are lower than those for type B claims (which include discrimination, unfair dismissal and whistleblowing clClaims are divided into type A and type B; broadly speaking, type A claims (for example, statutory redundancy payments, unlawful deductions from wages and breach of contract) are those which the Lord Chancellor regards as typically the more straightforward and accordingly the fees related to such claims are lower than those for type B claims (which include discrimination, unfair dismissal and whistleblowing clclaims (for example, statutory redundancy payments, unlawful deductions from wages and breach of contract) are those which the Lord Chancellor regards as typically the more straightforward and accordingly the fees related to such claims are lower than those for type B claims (which include discrimination, unfair dismissal and whistleblowing clclaims are lower than those for type B claims (which include discrimination, unfair dismissal and whistleblowing clclaims (which include discrimination, unfair dismissal and whistleblowing claimsclaims).

When the government gave first responders relief from the statutory bar with its PTSD amendments, it included extensive transitional provisions that reached back 24 months, and allowed for the re-filing of claims under the new provisions of the legislation.

Under English common law, a multitude of non-contractual claims (including tort, competition, intellectual property, and certain statutory claims) are capable of settlement by arbitration.

As noted by way of an introduction to the critical statutory franchise rescission remedy in Ontario in a Law Works Franchise Justice Blog Post on September 8, 2013, «Terminating a Franchise Agreement: A Primer ``, if a franchisor fails to deliver a disclosure document as required under Ontario's Arthur Wishart Act (Franchise Disclosure), 2000 and its Regulation, General Ontario Regulation 581/00, a franchisee is entitled to cancel (legally «rescind») the entire purchase of the franchised business from the start of the transaction, including all franchise and related agreements, and claim a return of all his or her investment and losses.