Sentences with phrase «including statutory»

(57) They held that native title could be recognised offshore since the beginning of 1994 when the NTA commenced because the NTA itself, by virtue of including a statutory definition of native title and by virtue of the NTA's application offshore, revealed an intention to provide for recognition of native title offshore.

Performed extensive legal research and analysis regarding crucial coverage issues, including statutory and common law bad faith, right and duty to defend, late notice, allocation, subrogation and rescission.

Such activity, if unlawful under statute, may provide the victim with statutory civil remedies, including a statutory civil cause of action or grounds for injunctive relief.

The case involves Alberta's Municipal Governments Act, RSA 2000 c M - 26, including statutory rights of appeal that are similar to those recently considered by the Supreme Court (and only slightly less recently considered by the Alberta Court of Appeal) in Edmonton (City) v Edmonton East (Capilano) Shopping Centres Ltd., 2016 SCC 47 (CanLII).

Her practice is devoted exclusively to personal injury litigation and she is well versed in Ontario's Insurance Act and its Regulations, including the Statutory Accident Benefits Schedule.

This experience includes matters involving principal underwriters (including statutory underwriter questions), broker - dealers and selling groups, and independent marketing organizations (IMOs).

Suits against government - operated hospitals and their employees are governed by the Colorado Government Immunity Act and must satisfy the requirements set out in that statute, including statutory notice given to the hospital within 180 days of the negligent care.

Such activity, if unlawful under statute, may also give rise to statutory civil remedies for the victim, including a statutory civil cause of action or grounds for injunctive relief to be granted by the courts.

We are also well - versed with state and federal laws governing intellectual property, and will aggressively seek all remedies available under appropriate statutes, including statutory damages.

Provides advice and opinions to large institutional clients on a variety of matters including statutory interpretation and risk management

Landlord and tenant issues including commercial lease renewals, breach of lease covenants, mixed use schemes (ie commercial and residential) including the statutory right of pre-emption and tenant default;

The trial judge found that Ms. Brake was constructively dismissed and fixed her notice entitlement at 20 months, including her statutory severance entitlement.

The first is that law or the rules of the common law, including statutory rules which bear on private law questions, are seen in a light which ignores the actual complexity of their application or operation.

[135] The posts were evenly divided on including statutory citations or not.

See Jukier, supra n. 23, at 172 — 173 (noting concerns about time constraints as a theme of the AALS 2006 meeting devoted to integration of transnational perspectives into the 1L curriculum); Legomsky, supra n. 1, at 485 — 487 (cataloguing list of components that ideally should be included into each course, including statutory interpretation, understanding of the administrative process, role - playing, alternative dispute resolution, ethics, social policy, historical context, jurisprudence, and more).

There is only a need for a court to defer where there is some indication in language to do so, including a statutory indication of expertise.

Accordingly, when snowmobiles are operated on property not occupied by the owner at the time of an accident, they are considered «automobiles» for which insurance coverage resulting from an accident may be available under the individual's own automobile insurance policy, including statutory accident benefits, third - party liability and underinsured coverage.

Advice on public powers, including statutory interpretation and prerogative powers, constitutional and public law requirements, and advising on adopting new policies and ways to deliver public services within existing statutory frameworks.

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

UK Prime Minister Theresa May has promised, in the run up to the snap general election next month, that by a conservative government workers» rights would see a huge expansion, including a statutory right to leave for a relative's care, and to leave for a parent whose child had passed.

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 in effect.

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.

the head of a department of the public service of a state or a statutory office holder of equivalent seniority, including a statutory office holder who is the head of an instrumentality or agency of a state

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.

What to know: Illinois» ESSA plan indicates that Illinois State Board of Education (ISBE) officials are actively exploring avenues, including statutory changes, to develop and sustain a statewide teacher residency program.

They do not include statutory measures such as the two provisions Trump said he would consider, or others like the inability of insurers to place lifetime limits on plans.

Congressional budgetary reform must include statutory controls that prevent a future Congress from overturning expenditure cuts enacted now but are to be implemented later.»

These include statutory rights of appeal, judicial review and scrutiny by independent panels and tribunals, such as the Process Review Panel, the Ombudsman and the Independent Commission Against Corruption.

(1) Such submission must contain supporting materials that include statutory authorities, program description, documentation of the environmental conditions or specific production and handling practices particular to the State which necessitate more restrictive requirements than the requirements of this part, and other information as may be required by the Secretary.

With New York's arbitration law set to expire on June 30, Governor Andrew Cuomo's 2013 - 14 Executive Budget included statutory language imposing 2 percent cap on compensation cost increases resulting from arbitration, defining «compensation» to include health benefits while excluding steps and longevity increments.

The exercise included statutory and regulatory checks and inspections; repairs and replacement of equipment; and upgrade of facilities.

The Welsh Liberal Democrat Shadow Minister for Housing and Local Government, Peter Black has called on the government to include a statutory duty in the Housing (Wales) Bill for its own Ministers to set termly targets for the supply of new affordable homes.

The reading test will include a statutory «core» test and optional test material, and the numeracy test is split into two parts.

Other states could easily adopt similar laws, using ALDF's Model Animal Protection Laws Collection, which includes statutory language for civil injunctive relief for criminal violations.

The former process to apply for this type of direction was successfully challenged by Ryanair in the Supreme Court in 2007, so the Industrial Relations legislation was updated in 2015, to include a statutory definition of collective bargaining.

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

Implied terms include statutory rights for example the right to equal pay.

(3) Every contract to which subsection 268 (1) applies shall be deemed to have been amended on the 22nd day of June, 1990, to include statutory accident benefits in accordance with the Statutory Accident Benefits Schedule.

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).

In BC, the Libel and Slander Act, RSBC 1996, c 263 could similarly be amended to include the statutory defence of qualified privilege in appropriate cases.

Illegal conduct could include statutory breach ranging from quasi-criminal to breach of codification of private rights and obligations.

Such circumstances could include statutory authority, common law authority and, superseding both of these, constitutional authority.

Given that the potential remedies under the private right of action include statutory damages of $ 200 per day for each CASL breach, and given the lack of clarity about how CASL's broad and sometimes unclear provisions apply in practice, many organizations have been concerned about the potential for litigation (including class actions) arising as of July 1, 2017.

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.

Although the 2014 Stronger Workplaces for a Stronger Economy Act (Bill 18) originally included a statutory amendment to have experience rating premium costs borne by the client company, this was removed at the committee stage and replaced by a provision giving the government authorization to make regulations on this issue.

Subdivision (a) was amended in 2005 to include the statutory provision at 23 Pa.C.S.

These include a statutory right to an intermediary and training for Judges and all advocates on both sides.

The case was decided based on the BC Privacy Act that includes a statutory privacy breach tort.

We have therefore been working with a wide range of organisations and individuals to respond to the government's recent consultation on Court Orders which includes statutory guidance on pre proceedings practice in public law cases.

Not exact matches

Statutory capital and surplus represents the excess of an insurance company's admitted assets over its liabilities, including loss reserves, as determined in accordance with statutory accounting pStatutory capital and surplus represents the excess of an insurance company's admitted assets over its liabilities, including loss reserves, as determined in accordance with statutory accounting pstatutory accounting practices.