Sentences with phrase «of the statutory provisions at»

In determining the appropriate standard of review, Justices LeBel and Cromwell relied on the tribunal's expertise, the factual nature of the question, and the purpose of the statutory provisions at issue.

She engaged in an analysis of the text and purpose of the statutory provisions at issue, concluding (at para. 30) that the legislation «protects pregnant women in two significant ways: it protects their health by substituting safe tasks for dangerous ones, and it protects their employment by providing financial and job security».

Not exact matches

If the Saxo Bank Group at any time and for any reason, should become liable for the loss of any person and / or entity, including without limitation, if any provision of this disclaimer is, or at any time becomes to any extent or in any circumstances invalid, illegal or unenforceable for any reason, the liability of the Saxo Bank Group shall be limited to such person's and / or entity's duly documented direct loss, which for the avoidance of doubt, and without limitation, shall not include damages for any incidental and consequential losses, damages for lost opportunity, damages for lost profit, statutory damages, nominal damages, punitive damages, restitutionary or disgorgement damages, damages for costs, including legal costs, and damages for any other indirect loss.

«Unless and until the protection of victims, and the provision of support and services to them, are put on a statutory footing at the heart of this legislation, there is a risk that we will turn victims into criminals,» Baroness Butler - Sloss said.

The Newspaper Society said: «The deregulation bill's provisions could enable the current statutory safeguards to be removed completely, reduced, weakened or otherwise radically altered at any later time, without prior consultation of the media affected nor detailed parliamentary scrutiny of the effect /

Ann Carlson, a professor of environmental law at the University of California, Los Angeles, says a repudiation of Chevron deference «would mark a sea change in administrative and environmental law,» where the U.S. Environmental Protection Agency and other implementing agencies often must interpret ambiguous statutory provisions, she wrote on Legal Planet, a U.C.L.A. blog.

The key points from each strand are highlighted as follows: Early Identification and support • Early identification of need: health and development review at 2/2.5 years • Support in early years from health professionals: greater capacity from health visiting services • Accessible and high quality early years provision: DfE and DfH joint policy statement on the early years; tickell review of EYFS; free entitlement of 15 hours for disadvantaged two year olds • A new approach to statutory assessment: education, health and care plan to replace statement • A more efficient statutory assessment process: DoH to improve the provision and timeliness of health advice; to reduce time limit for current statutory assessment process to 20 weeks Giving parent's control • Supporting families through the system: a continuation of early support resources • Clearer information for parents: local authorities to set out a local offer of support; slim down requirements on schools to publish SEN information • Giving parents more control over support and funding for their child: individual budget by 2014 for all those with EHC plan • A clear choice of school: parents will have rights to express a preference for a state - funded school • Short breaks for carers and children: a continuation in investment in short breaks • Mediation to resolve disagreements: use of mediation before a parent can register an appeal with the Tribunal

There has been, since 1983, a statutory provision requiring DOT to ensure that at least 10 % of the funds authorized for the highway and transit financial assistance programs be expended with DBEs.

Pursuant to the Plan, the Company is also authorized to dispose of its remaining non-cash assets, on such terms and at such prices as the Company's board of directors, without further shareholder approval, may determine to be in the best interests of the Company and its shareholders, to pay or make reasonable provision to pay all claims against and obligations of the Company, to make such provisions as will be reasonably likely to be sufficient to provide compensation for any claim against the Company which is the subject of a pending action, suit or proceeding to which the Company is a party, to distribute on a pro rata basis to the shareholders of the Company the remaining assets of the Company, and, subject to statutory limitations, to take all other actions necessary to wind up and liquidate the Company's business and affairs.

«If you clear away all the hyperbolic constitutional arguments, there is, at the heart, a statutory question about this part of the Clean Air Act — and whether it applies when the sources in question have been regulated under another provision in the Clean Air Act,» Heinzerling continued.

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».

Most recently I've seen legal reasoning blunders on limitations law issues, because of misconstruction of precedent, failure to look at the law of other jurisdictions, or lack of awareness of the basis for limitations principles or origins of statutory provisions.

Under the relevant statutory provisions in place at the time (s 87 within Pt IV of the Housing Act 1985 (HA 1985)-RRB- family members residing with a secure tenant at the time of his or her death were in certain circumstances entitled to succeed to the tenancy.

For instance, within the context of a motor vehicle collision, any such contractual term establishing a subrogation claim would be contradicted and overruled by the specific provisions set out in the Statutory Accident Benefit Schedule and the Insurance Act, which purport that the accident benefits provider and at - fault driver receive a deduction for LTD benefits paid, not the other way around.

In the SCC decision, an equity partner at a B.C. law firm was deemed not to be an employee, and excluded from the anti-discrimination provisions of that province's statutory human rights regime.

However, one looks in vain at ERA 1996, s 129 (or in the corresponding provision considered in Taplin, s 78 of the Employment Protection Act 1975) for any reference to exceptionality as a material consideration when construing the statutory word «likely».

[96] With respect to administrative decisions, such as the one at issue in Canadian Human Rights Commission, which involve an interpretation of a statutory provision, a standard close to correctness will be appropriate.

[5] During the first stage of the analysis, reviewing courts were charged with examining four factors: whether there was a privative, or conversely an appeal, clause in the decision maker's home statute; [6] whether the decision maker was relatively more expert than the reviewing court in respect of the decision under review; what the purpose of the statutory scheme and of the particular provision or provisions at issue was; and what the nature of the question in dispute was.

Thirdly, appellants contend that this same statutory provision, Art. 27, § 509, violates the «Equal Protection» Clause because it permits only certain merchants within Anne Arundel County (operators of bathing beaches and amusement parks et cetera) to sell merchandise customarily sold at these places while forbidding its sale by other vendors of this merchandise, such as appellants» employer.

The painting of the exterior of a building is authorised by statute and it was not permissible for the LPA to go beyond the statutory provision by serving a section 215 notice to try to arrive at what it perceived to be a fairer outcome.

This despite the fact that the right to procedural fairness at common law in Canada is said to be «autonomous» of any particular statutory provision.

While the Railroad Commission seems to read this as applicable to any land leased within a municipality, the statutory provision specifically addresses leasing of minerals by a municipality and it could at least be argued this 200 foot requirement applies only to land leased by a municipality and not private landowners.

The Court of Appeal arrived at its decision on the PJI rate by employing a traditional textual analysis, interpreting statutory provisions in accordance with their ordinary meaning and in their full statutory context.

The legal principle of equality of arms forms part of the right to a fair trial and this lies at the heart of the statutory provisions that have been introduced to ensure that one party is not unfairly disadvantaged due to lack of funding.

Idaho SB 1089 as enacted provides when a child is summoned as a witness in any hearing in a noncriminal matter that involves the abuse, neglect or abandonment of the child, including any preliminary hearing, notwithstanding any other statutory provision, a facility dog shall be allowed to remain in the courtroom at the witness stand with the child during the child's testimony.

Justice Côté also noted that the statutory context supported this position, and in particular the legislation's reference to «legal privilege» in the provision allowing a public body to refuse to disclose privileged information — i.e., «information that is subject to any type of legal privilege, including solicitor - client privilege» (at para 52, citing FOIPP s 27).

Despite this rather clear statutory provision, the Court held that there was at common law, a genera; disability on the part of a woman to be an attorney - at - law.

For opacity of statutory provision the consequences of s 44 must take a Kafka award; and in what follows I feel I am only guessing at the law (unless I've missed something very simple).

Finally, the Board did not have expertise in statutory interpretation but rather in «complex matters of valuation of property», a point underscored by form of the statutory appeal clause: «While the Board may have familiarity with the application of the assessment provisions of the Act, the legislature has recognized that the Board's specialized expertise does not necessarily extend to general questions of law and jurisdiction» (at para. 87).

With respect to the issue of form, the statutory definition of «health information» at section 1171 (4) of the Act defines such information as «any information, whether oral or recorded in any form or medium» (emphasis added) which is created or received by certain entities and relates to the health condition of an individual or the provision of health care to an individual (emphasis added).

The Court of Review is an appellate court, and like other Article III appellate courts, it has the power to bind both lower courts (in this case, the FISC) and later Court of Review panels.22 The Court of Review probably has the same discretion as federal courts of appeals to designate opinions as precedential and non-precedential; at least, no statutory provision declares otherwise.23 The two public Court of Review opinions are published in redacted form in the Federal Reporter.24 As with the published case of the FISC sitting en banc, these published Court of Review cases are certainly precedential.25 We do not know the volume, if any, of secret non-precedential Court of Review opinions, or whether there are non-public Court of Review opinions that are nonetheless treated as precedential.

Fourth, in § 160.203, several criteria relating to the statutory grounds for exception determinations have been further spelled out: (1) The words «related to the provision of or payment for health care» have been added to the exception for fraud and abuse; (2) the words «to the extent expressly authorized by statute or regulation» have been added to the exception for state regulation of health plans; (3) the words «of serving a compelling need related to public health, safety, or welfare, and, where a standard, requirement, or implementation specification under part 164 of this subchapter is at issue, where the Secretary determines that the intrusion into privacy is warranted when balanced against the need to be served» have been added to the general exception «for other purposes»; and (4) the statutory provision regarding controlled substances has been elaborated on as follows: «Has as its principal purpose the regulation of the manufacture, registration, distribution, dispensing, or other control of any controlled substance, as defined at 21 U.S.C. 802, or which is deemed a controlled substance by state law.»

But by relying on the constitutional - avoidance canon of statutory interpretation, the Court of Appeals for the Ninth Circuit held that detained aliens have a statutory right to periodic bond hearings under the provisions at issue.

Developed a comprehensive understanding on constitutional and statutory provisions, exercise of discretion for legislative branches, ethic restrictions, constitutional rights of public employees, and the relationship between law and administration at the local, state and federal level.

As discussed in chapter 2, the present provisions of the NTA limit compensation for the extinguishment and impairment of native title rights to those situations where statutory extinguishment or impairment exceeds that which would have occurred either at common law or where compensation would have been available by virtue of the RDA.

Actually, the Virginia provision does not expressly state that a written separation agreement is needed, but that is the way at least the vast majority of the judges and lawyers are interpreting the statutory language.

In relation to extinguishment under the confirmation provisions, NTA s23J has the effect of conferring upon native title holders an entitlement to compensation only where the statutory extinguishment exceeds the extinguishment that would have occurred either at common law or where compensation would have been available by virtue of the RDA.

But the difficulty of the forensic task which may confront claimants does not alter the requirements of the statutory provision», ibid., at [77] & [80].

In addition, NCSL's Extending Foster Care Beyond 18 page provides a 50 - state look at administrative, statutory and policy provisions addressing the extension of services for older youth in foster care.

This subsection contains a general statement of how the Tribunal is to operate but as a matter of statutory interpretation does not override the specific provisions of s 76 which, for the reasons already explained, the Tribunal regards as mandatory (see South Australian Commissioner for Prices and Consumer Affairs v Charles Moore (Aust) Limited (and others) 1997 138 CLR 449 (per Gibbs J at 462).

It is suggested that, while the new structures for the inter-agency delivery of Children's Services proposed in the 2004 Children Act, should promote opportunities for such programmes to be developed within mainstream service provision, and for closer engagement with schools, parenting programmes may not be at the core of the statutory service agenda

2d 651)-- remedies provision of the Property Condition Disclosure Act are unenforceable beyond the requirement to give a $ 500 credit at closing should the seller refuse to provide the form, thereafter, common law or statutory remedies, if any, are available; information contained in the disclosure statement survives neither contract nor closing; seller answering «unknown» on the disclosure form triggers a duty to inquire on the part of the buyer and relieves the seller of any potential liability for defects that arise in regard to the part of the premises covered by the question; any information disclosed during the sale of the property merges into the contract and does not exist on its own basis of a common law cause of action; buyer's action based on breach of the disclosure statement is dismissed on the grounds that no such cause of action is created by RPL Article 14; buyer's relief exists under common law contract theories and buyers have not proven their prima faciecase under those theories