Sentences with phrase «of statutory»

defending claim made on behalf of deceased's estate for injuries alleged to have been caused by breach of statutory duties;

So, in Section 11 of the Employment Act, it states: «Any requirement to wear a safety helmet which... would, by virtue of any statutory provision or rule of law, be imposed on a Sikh who is on a construction site shall not apply to him at any time when he is wearing a turban».

If you've read this column before, then you know I'm a big fan of statutory and regulatory indexes and, secondarily, tables of contents.

The Court also held that the plaintiffs» recovery, even if sustained, would be limited to $ 20,000 by virtue of the application of the statutory cap on damage awards arising out of charitable activities under G.L. c. 231, § 85K.

all payments that the person has received or that were or are available for statutory accident benefits and by the present value of any statutory accident benefits to which the person is entitled;

However, the discoverability rule is a rule of statutory construction.

Employers operating in Ontario who «draw the circle» around employee rights and entitlements on termination should carefully review and ensure that their contractual termination clause complies with all aspects of statutory minimum standards, and in particular: (a) notice or pay in lieu, (b) benefits continuation during the notice period, (c) severance pay, if applicable, and (d) continued vacation accrual during the termination notice period.

The decision of the EAT in Bear Scotland has confirmed that workers are entitled to have non-guaranteed overtime reflected in their holiday pay, for the first 4 weeks of their statutory holiday entitlement.

This creates tremendous risk and exposure to the insurer because of the «open ended» nature of its statutory obligation and creates a tremendous incentive to negotiate a «cash out» of accident benefit claims.

Litigation of a statutory action to intervene in probate proceedings and obtain payment for a creditor of an heir in Milwaukee County Circuit Court.

Justice Abella was also anxious to point out the necessity for decision - makers to «ask how the Charter value at issue will best be protected in view of the statutory objectives».

And while I believe the Court's application of the rules of statutory interpretation left something to be desired, this mild criticism does not detract from my view that the Court has provided a well - reasoned and thoughtful decision that has helped to reduce indeterminacy in the law.

At trial, the court found that the real purpose of the indemnity was to discourage the wife from reporting the matters in issue to the authorities, and wrote that «it would be in my opinion, contrary to public policy for the courts to lend assistance to the nondisclosure of statutory offences.»

provide advice and guidance on the development of statutory decision - making frameworks to minimise the chances of successful legal challenge

For employers who are in doubt about the nature of their statutory pension duties, help is available through tPR's guidance papers and from other pension professionals — such as the Stephenson Harwood pensions team.

Section 810 has a number of statutory conditions that are attached to it.

Some of the limitations of the statutory exception may be included in the wording of the statutory provision itself.

In this brief article, I discuss the Court of Appeal's decision and, particularly, its application of the principles of statutory interpretation.

Recommendation: That the Canadian Human Rights Act be amended to add a primacy clause stating that, as a matter of statutory interpretation, the Act shall be applied unless Parliament expressly exempts the legislation from the Canadian Human Rights Act.

There are, however, a breadth of statutory and common law exceptions to the at - will doctrine.

As in the Ontario Court of Appeal's decision in Nemeth, the Court found that the contractual wording established a floor in the form of the statutory minimum notice requirement.

The guidelines are «statutory instruments» within the meaning of the Statutory Instruments Act S.C. 1970-71-72 c. 38.

Perhaps just as notable as the result is the court's method for arriving at its conclusion — an involved discussion of statutory construction that generalizes the «proximate causation» language, rather than restricting it to the subsection in which it occurs.

Instead of statutory limitation periods, it concerns an introduction of more lenient criminal provisions for VAT fraud, perhaps too lenient considering Article 325 TFEU.

Professors Deakin and Morris make a similar point that «there remains a strong case for reviewing the band of reasonableness given that it is essentially a judicial addition to the statutory formula and arguably one which has done much to limit the effectiveness of the statutory protection provided to employees, no matter how hallowed it has become with the passage of time».

Notwithstanding this lack of statutory obligation, in our opinion it is not inconsistent with the Code for the Law Society to be proactive and require certain legal workplaces to do so.

Instead, the court held that Pennsylvania law, which provides that a person does not turn 16 until her birthday, would apply, which meant that the victim was under age on the date of the assault, thereby making him guilty of statutory sexual assault.

A man was convicted of statutory rape for having consensual sex with someone who, in just a few hours, was legally able to consent to sex.

On the contrary, the surprise effect would be smaller, if a criminal court decided immediately on the extension of statutory limitation period in connection to charges had been brought long before this period was supposed to elapse.

Also, the weekly rate of statutory sick pay has now risen to # 89.35.

The keystone pledge of a statutory right to a year's unpaid leave to care for relatives could also be especially taxing.

Ultimately, the Court of Appeal agreed that the legislation was simply too ambiguous, relying on the rule of statutory interpretation that common law rights — including rights of subrogation — can not be removed by legislative action without clarity of intention.

Would one of the statutory privacy torts be helpful, in the provinces that have them?

The Court of Appeal has not broken new ground here, but has merely reiterated age - old principles of statutory interpretation.

«Almost every informed commentator accepts that fundamental to the reforms required is the introduction of a statutory 28 - day time - limit on detention.

Once it became clear that the interstate commerce clause was sufficient, the tax «hook» was dispensed with, but the location of the statutory definition was kept the same for back compatibility purposes.

The court stated the classic position on the proper ambit of judicial review, ie that the function of the court is «to review the decisions of statutory decision makers applying public law principles».

[19] I accept that the mere breach of a statutory authority or code does not, of itself, automatically give rise to civil liability.

In the event, the matter can not be taken forward because of the statutory time limit.»

Third, contradictory provisions in the amendments of the Clean Air Act mean that the section being used by the agency to establish these rules «ignores basic principles of statutory construction,» and raises separation of powers issues.

This should coincide with the removal of the statutory role of ENTSOG.

It is a matter of statutory law.

That report looked ahead to the December 2011 publication of the Government's Carbon Plan (PDF 4.38 MB) to support the delivery of the statutory carbon reduction targets in the Climate Change Act 2008.

But we do find that there has been a consistent pattern of failing to display the proper degree of openness, both on the part of the CRU scientists and on the part of the UEA, who failed to recognise not only the significance of statutory requirements but also the risk to the reputation of the University and, indeed, to the credibility of UK climate science.

«For this reason, Plaintiff brings this lawsuit against Defendants for breach of statutory duties, breach of contract, breach of fiduciary duties, recovery of chattels and an accounting,» court documents state.

6.1 Subject to clause 6.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the price of the Booking and, subject to clause 6.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

PRICES: In the event of any increase or decrease of statutory taxes the Enchoro Wildlife Camp Ltd reserves the right to adjust all rates accordingly from the date of such a charge.

It's a combination of statutory and case law in which the nature — legal, social or biological — of nonhuman animals is an important factor.

The mandate of the Statutory Bodies Working Group is to assist FVE in developing a harmonised position with regard to the regulation of the veterinary profession in Europe and to other related international recommendations (e.g. OIE).