Sentences with phrase «occupier does»

If there is a hazard that is open and obvious, which means a reasonable person would perceive it, then the owner or occupier does not have to warn about or immediately repair that hazard.

If the occupiers don't know what they want, they're pretty sure they know who's preventing them from getting it — the wicked, omnipotent 1 %.

These four lawmakers are in an unusual — and rather uncomfortable — position, being forced to weigh the high - profile needs of the few (that would be the prostestors) against the long - term needs of the man (that would be the local residents, who, not for nothing, also voted Nadler, Silver, Chin and Squadron into office, while the Occupiers did not).

Not exact matches

You don't have to be an occupier of Wall Street to conclude the Street is still out of control.

And, even in the case of principal - and - interest loans, investors don't have the same incentives as owner - occupiers to get ahead of their scheduled repayments.

Worried about the Roman occupiers and the attention drawn to Jesus by the people, they ask, «What are we to do?

She explained she met people who are third and fourth generation of Palestinians who don't know what it's like to be free and other Israelis who don't know what it's like not to be an occupier.

Do you think perhaps His audience was thinking of the Roman occupiers that they despised so much?

This would be better than UBR, because it does not burden the occupier with a tax on the value of property used for the business (which is distortionary).

«The situation will be very fluid, however, and the occupiers on the ground will be the ones who ultimately decide how long to continue the occupation and what course of action to take, although precautions will be taken at all times to avoid anyone being exposed to arrest who doesn't want to be.»

He believes 9/11 is the most important factor in the war against terror, and that we entered Iraq as liberators but became occupiers by staying after the deed was done.

«He doesn't like that there might be a place for other occupiers to come and put pressure on the legislature on this issue.»

He talks as if he is the oppressed freedom fighter doing battle with occupiers on his own home soil.

It's up to the occupier to provide a DEC and if they're a private firm they don't have to display one anyway.»

These buyers don't enjoy the tax advantages of owner - occupiers, so should always be outbid by owner - occupiers (in a rational market).

so the person who leaves his country with all the money and weapons and technology support he can get from the planet and invade other people living in peace in their towns and villages, and start shooting them, air raiding them, bombing them, controlling them, prison theme, torture them till death, treat them like animals, use chemical weapons, searches in people homes for freedom fighters and scare the women and children and do every other mean act to stable their bases and control in that country is not terrorist but who is picking up an AKA 47 to free his land from the occupiers and protect his family and his way of living and his beliefs and kill those who came to kill and steal everything is a terrorist??

However, the school doesn't appear to be ready to give in to the occupiers» demands any time soon.

DeSalve's message to the occupiers: «Keep our school sacred and don't damage it, but make a statement.»

As for the occupiers, Mr. Riley said they did not all agree about the proper course of action.

We believe many in the media (as well as those sympathetic to the illegal occupiers) were surprised to hear that the community — while frustrated with the Hammond situation — did not leap to the support of the militants.

It is entirely conceivable that the Legislature wanted to protect owners of recreational trails who do not charge fees for the use of the trail, but did not want to afford the same kind of protection to occupiers who supply services at a profit.

And indeed, many if not most occupiers who obtain a waiver of liability will do in the context of supplying services.

By contrast, the CPA does not explicitly or implicitly refer to occupiers, nor to transactions involving the use of a supplier's property, nor to personal injuries generally.

By doing so, the occupier will likely be held to a lower standard of care.

There does not appear to be anything special about occupiers» liability that warrants a departure from the widely accepted volenti doctrine.

«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.»

There does not appear to be anything special about occupiers» liability that warrants a departure from the widely accepted

The legislature does not legislate in vain, and if physical possession is also necessary for liability, the definition of «occupier» under the Act would not include s. 1 (b).

Under BC law, an «occupier» is responsible for maintaining «reasonably safe» conditions, and if their failure to do so injures an innocent person, that person may recover damages.

When does the occupier of a premises in Prince George fail to fulfil its duties under the OLA?

The court upheld the decision of the Court of Appeal and High Court that the owner of the track, had no liability for the nuisance since they did not «participate directly» in the commission of it, but found the occupiers were liable.

«The court is saying there's a genuine issue to be decided, about whether or not there was an obligation on the part of the occupier to ensure the contractors were sufficiently skilled to do the job,» Cahill says.

The statutory duty of care, as per s. 3 of the Occupiers Liability Act and Mainardi v. Shannon 2005 BCSC 644 (CanLII), does not require an occupier to remove every possibility of danger.

did the Trial Judge err in her conclusion Starbucks was an occupier of the area of the sidewalk leading to its patio where the respondent slipped and fell?

When the plaintiff visitor is a trained professional or tradesman who is retained by the occupier to provide skilled work, the duty of the occupier only encompasses the safety of the premises, but does not extend to telling the visitor how to practice his occupation.

Very few occupiers receive legal advice before the hearing, and it appears that many do not file a defence form or turn up at court to present their side of the story.

If you visit a place, and get hurt (e.g. by a chunk of ceiling falling on you or tripping on badly laid flooring), and it turns out that this is the fault of the contractor who built it, then the occupier will not be liable for your injuries as long as they acted reasonably to hire a good contractor and make sure the work was done right.

Where damage is caused to a visitor by a danger due to the faulty execution of any work of construction, maintenance or repair by an independent contractor, the occupier is not to be treated without more as answerable for the danger if in all the circumstances he had acted reasonably in entrusting the work to an independent contractor and had taken such steps, if any, as he reasonably ought in order to satisfy himself that the contractor was competent and that the work had been properly done.

Since the Board has exclusive jurisdiction over the subject - matter of the case, the Occupiers» Liability Act does not apply.

The plaintiff framed his action under the Occupiers» Liability Act and, therefore, the one year limitation period set out in the RTA does not apply.

The team acts for a wide range of clients including investors, developers or occupiers, working closely with our transactional lawyers to anticipate and resolve problems before they become litigious or to ensure that our clients are best placed to obtain a successful outcome, if they do.

In cases where a public body is seeking possession of land (perhaps against squatters, trespassers or ex-tenants or licensees), it needs to ensure that (where the occupier is living on the land) the decision to do so is proportionate.

I suspect that the answer has to do with the Occupy movement's occupation of a Toronto park a few years ago and the Batty case (2011 ONSC 6862) in which the City successfully defended its claim that the occupiers were trespassing.

The difference between the two is significant: with a suspended order the occupier becomes a tolerated trespasser on a specified date; with a postponed order the occupier retains the tenancy for so long as they do not breach the conditions.

Practitioners used to talk in terms of suspended possession orders (SPOs) when describing possession orders that enabled occupiers to retain their tenancies providing they did not breach the conditions of suspension.

(v) If, in consequence of sub-s (3) above, there are things which are to be done by way of remediation in relation to which no person has, after reasonable inquiry, been found who is an appropriate person by virtue of sub-s (2) above, the owner or occupier for the time being of the contaminated land in question is an appropriate person in relation to those things...»

Put another way, to the extent that an occupier engages with members of the public for the use of the occupier's premises in return for payment, and thus creates a consumer agreement, the provisions of the CPA do not apply to that agreement.

[59] While native title holders do not satisfy the definition of «owner» there was some doubt as to whether they satisfied the definition of occupier under the WA Mining Act.

Interestingly, in their identification of discrimination, the High Court did not consider the differential impact of the Mining Act whereby native title rights were permanently extinguished by mining while the rights of occupiers or owners were only impaired temporarily by mining.

Like other commercial property sectors, sales divide into either mega portfolio deals done by REITs or institutions and smaller purchases most often made by owner - occupiers with SBA loans or local bank financing.