Sentences with phrase «liability regime in»

You should always review your liability regime in light of such restrictions to make certain that the level of liability the parties wish to assume is actually enforceable and effective in Quebec.

The Product Liability Directive (PLD), which created the strict liability regime in the EU, has had a 30 year lifespan so far.

But would that actually be any more unfair on an employer than the strict liability regime in Stark which appears to be accepted as fair?

Not exact matches

The EU competition authority said in 2014 the Amazon subsidiary paid a tax deductible royalty to a Luxembourg - based limited liability partnership which was not subject to the country's tax regime.

In the first place, most major corporate misconduct implicates senior corporate officials, such that a regime of personal — rather than corporate — liability would provide them with incentives to cause the corporate entity to insure against the risk of such losses, which satisfies the goal of compensation.

Or, as pointed out by the federal environment minister McKenna in a letter Thursday to B.C. environment Minister George Heyman, that Canada already has a mountain of regulation to ensure a world - leading regime to transport oil and products, including: the Railway Safety Act, the Pipeline Safety Act, the National Energy Board Act, the Canada Shipping Act, 2001, the Marine Liability Act, the Fisheries Act, the Canadian Environmental Protection Act, 1999, and that Ottawa has pledged to spend an additional $ 1.5 billion to protect its coasts and marine environment.

Second, Prime Minister Harper should use the opportunity to discuss developments in India's nuclear liability regime.

This regime will be designed to ensure that, in the unlikely event a systemically important bank depletes its capital, the bank can be recapitalized and returned to viability through the very rapid conversion of certain bank liabilities into regulatory capital.

The difficulty is that some Eastern European and former Soviet countries are not yet participants in the existing international third - party liability regime.

For example, the Court of Appeal for Ontario in Matheson v. Lewis [4] clarified that ATVs are subject to the province's compulsory motor vehicle liability insurance regime when operated on land not occupied by the owner.

The new additional bonus will be on top of the defendant's existing liability in this situation to pay the claimant interest post - offer on the whole or part of damages of up to 10 % above base rate; indemnity costs post-offer (and indemnity costs trump the proportionality argument which will be runnable with a vengeance under the new regime); and interest on costs at up to 10 % above base rate.

This legal regime is very similar to criminal liability, which is very questionable in terms of constitutionality, as the Brazilian Constitution predicts criminal liability for legal entities only in cases of environmental crimes.

Trustees contemplating action pre-5 April 2008 will in many cases also have to consider how to take advantage of the current more benign CGT rules for non-domiciliaries without triggering CGT liability for beneficiaries who are both resident and domiciled in the UK and the need to analyse the trust's income records to ensure that all retained income (as well as gains which may give rise to liability in the future) is fully distributed — the catch being that distributions to UK resident beneficiaries always draw down relevant income under the Income Tax Act 2007, s 732 regime in priority to gains under TCGA 1992, s 87.

The amicus brief argues that the notion that an infringer's entire profit (on an infringing article) should be recoverable goes back to the 19th century, when only knowing infringement resulted in liability, while «even independent designers are [under today's strict liability regime] on the hook for patent infringement in modern design patent law».

The Crown, relying on ss 1 and 2 of the Drug Trafficking Offences Act 1986, s 71 of the Criminal Justice Act 1988, ss 2 and 4 of the Drug Trafficking Act 1994, and ss 6 and 76 of the Proceeds of Crime Act 2002, contended that the legislation laid down a mandatory regime and there was no warrant in any of the statutes for apportioning liability to pay among those who had benefited jointly.

Simply stated, there is currently a risk in Quebec that systems integrators and outsourcers that provide software as part of a service engagement may be held liable, as sellers under the sales contract regime, for any latent defects in such software... with uncapped liability.

1) The LPUL eliminates the requirement to appoint at least one LPD, who, under the prior regime, had not only the responsibility to assure that the ILP implements appropriate management systems, but also a clearly and personally assigned liability in the event of unsatisfactory professional conduct or professional misconduct by the ILP.

Head of Real Estate & Commercial, Michael Lunjevich and JOP Law expert, Brent Baldwin of law firm Hadef & Partners briefed over 100 delegates on topics including: how to deal effectively with developers during the transitional period; current options for recovery of service charges; considerations in choosing an Owners» Association manager; managing Boards and Owners» Associations and voluntary governance regimes; issues to consider when thinking about structures for your community; and responsibilities and liabilities of Board members.

In its 2005 report, the Commissions proposed extending the existing regime to include «notices which purported to exclude or restrict business liability resulting from negligence».

The Court of Appeal's decision reflects an appropriately nuanced approach to the impact of the purposes of the Act — which include investor protection and efficient capital markets and confidence in capital markets — on the interpretation of the secondary market liability regime.

The issue was whether an unmodified ATV owned by a farmer and used in farm operations was a «self - propelled implement of husbandry» and therefore not subject to the province's compulsory motor vehicle liability insurance regime.

Recognising this value system won't change the legal aftermath of the Fukushima I disaster, but is important that we bear it in mind as nuclear liability regimes continue to evolve.

Perhaps, however, it is what is not going to happen (at least immediately) that should be headlined: no increase in the RTA PI scheme and no extension of a similar scheme for employers» and public liability; no extension yet of the fixed costs regime; no pre-action mandatory directions; and, of course, no increase in the small claims track for personal injury.

Thus, imposing liability on Google in a defamation action based on its Autocomplete function is justified in a notice - and - takedown regime when a substantive complaint has been made.

In addition, it sets out its own regulation regime with liability for failure to comply.