Sentences with phrase «of unjust»

End the rule of unjust sovereignties that wage a useless war for your interiors.

In its review of the grant of summary judgment, the Supreme Court of Iowa stated that a mechanic's lien should be construed liberally in order to «promote restitution, the prevention of unjust enrichment, and to assist parties in obtaining justice.»

They are good people who take the brunt of unjust complaints.

But a key area we have yet to explore is the school - to - prison pipeline — a combination of unjust policies and practices that criminalize student behavior.

Many respond with a fear of being hurt, fear of not being able to stand up for oneself, or fear of unjust or unfair things happening.

The second agenda item is to finally have a stage upon which their story of unjust and unethical and mean treatment by the other spouse can finally be told.

John Christensen, Director of the Tax Justice Network, describes how lawyers can be «at the heart» of unjust tax practices, but that the work of many...

The law of unjust enrichment entitles Ms. Draper to recovery provided she can establish that Mr. Holtby was enriched by these payments to her detriment in the absence of a juristic reason.

The danger of unjust practices is magnified when courts hire private companies to collect court fines.

In enacting Division XIV of Part III of the Code, Parliament created another forum besides the courts to hear complaints of unjust dismissal and granted Code adjudicators remedial powers common law judges are without.»

At present, unmarried couples in those provinces where they are excluded from matrimonial property legislation must wade through the muck and mire of unjust enrichment claims to pursue an interest in property, the outcome of which can be almost impossible to predict.

For good measure, Laws LJ added that, if wrong on this, he would have found for the claimant on her secondary claim of unjust enrichment by the trust and, although expressing no firm conclusion, seemed to give a favourable view to a possible third ground of breach of trust and confidence by the trust in assuring the claimant that the payment she was agreeing to had been lawfully determined.

Federally, since the introduction of the unjust dismissal legislation under the code in 1978, the vast majority of federal adjudicators held that dismissals could only be affected on a just - cause basis.

The Federal Court says issues of litigation and solicitor - client privilege trump the interests of an individual seeking the completion of his unjust dismissal hearing.

Reducing awards twice for the same past conduct is egregious unfairness to people who have already endured long years of unjust captivity.

Many common - law practitioners should be familiar with the competing theories on how to conceptualise the law of unjust enrichment.

It is possible that a court may find that company y has been the beneficiary of unjust enrichment, and in the absence of specific statutory remedy or criminal punishment, order some equitable remedy.

UNJUST ENRICHMENT The doctrine of unjust enrichment is not found in any statute.

Dilanka filed a complaint of unjust dismissal under the Canada Labour Code.

Rather, it is an old judge - made law that allows one party to claim compensation from another party on the basis of an unjust enrichment.

Instead, there are two bases of claim in the Lithuanian Civil Claim, namely (1) a claim for in personam relief under the law of unjust enrichment because there was no commercial justification for the various transactions, seeking the reversal of that unjust enrichment; and (2) a claim for a declaration that the various transfer instructions were null and void and that Snoras remains the beneficial owner of the relevant assets; this is said to be a claim for an in rem (or proprietorial) remedy.»

It is better to heed the message of Unjust by Design sooner than later.

The issue seems to be that the customer feels entitled to compensation for benefiting you (a benefit you accepted) by taking efforts that he had no obligation to engage in, in order to cause the first package to be returned to you, on basically a theory of unjust enrichment.

The Saskatchewan courts allowed the matter to go ahead on the basis of unjust enrichment only and any B.C. resident can join that case in an opt - in basis.

Even though his analysis invokes the implied contract theory of restitution, which is now consigned to the history books, it is still true that a restitutionary claim is understood to focus on a transfer of benefit, and whether one of the recognised categories of unjust factors applies to it such that it should be reversed.

In the law of unjust enrichment, if someone does work with a reasonable expectation of getting paid, in the absence of a contractual agreement, and you allow that person to proceed with working and accept the benefit of his work, he is entitled to the fair market value of his efforts.

The labour adjudicator accepted Mr. Wilson's submission and concluded the Applicant, dismissed without cause, had made out his complaint of unjust dismissal under the Code.

However, the Court found that it was not plain and obvious that the patients could not establish the requisite elements of unjust enrichment — benefit to the government in the form of its being relieved of expenses it was required to incur under various statutes; deprivation of the plaintiffs; and absence of juristic reason for the deprivation.

I'll also discuss the doctrines of UNJUST ENRICHMENT, CONSTRUCTIVE TRUST, and RESULTING TRUST — which all doctrines based on equity which can be used by a party to claim that they are entitled to certain property.

The Court of Appeal's reasoning stemmed from the decision in Kerr v. Baranow, 2011 SCC 10, which discussed the doctrine of unjust enrichment.

The woman sought a share of the increase in value of the equity in a home owned by the man, on the basis of unjust enrichment.

Focusing on the sentencing context, this Article demonstrates that judicial dilemmas can be systematically resolved, mitigated or avoided through a range of concrete strategies that on their own or in conjunction can constitute Satisficing Options: these strategies include seeking out legally permitted but morally preferable interpretations of the law, expressing condemnation of unjust laws in dicta, and seeking assistance or cooperation from other actors to help defendants facing substantively unjust mandatory sentences.

It arises out of unjust enrichment and «good conscience»: Waters at p 23; Petkus v Becker, [1980] 2 SCR 834.

Essentially, the Court of Appeal allowed the mother - in - law's claim to succeed on the basis of unjust enrichment, holding that the family arrangement constituted a juristic reason for the benefit received by the defendant children.

The trial judge dismissed both claims, but the Court of Appeal allowed the claim of unjust enrichment and ordered the parties to agree on a sum of money or to return to court.

That is why we have dedicated our legal practice to serving individuals just like you who have suffered because of unjust actions taken by insurance companies.

Successfully argued for the early dismissal of an unjust dismissal complaint under the Canada Labour Code for a major financial institution.

Wrongful Death Claims: A lawsuit filed on behalf of a victim who was killed as a result of negligence or other type of unjust action.

Justice Abella found that the notice and severance remedies under the CLC were intended to apply only to individuals who could not avail themselves of the unjust dismissal provisions, such as managers, individuals who are laid off due to lack of work or discontinuance of a function, and employees who have worked for the employer for between three and twelve consecutive months.

Where this kind of issue arises, we'd routinely use the principles of unjust enrichment (including subrogation) to put the burden of the loss onto the person (including the system) that should justly bear the loss.

Montana's independent jurors have long been vocal in their disapproval of unjust, misapplied, and contradictory laws.

Sajic has successfully represented the Krajina Osiguranje Banja Luka insurance company against a claim of unjust enrichment brought against the company by RK BOSKA Banja Luka worth EUR 3.2 million.

Haigh v Kent 2012 BCSC 1361 is a good example of the application of the law of unjust enrichment in a long time family venture... Read more

Frame v Rai 2012 BCSC 1876 is a good illustration of how the law of unjust enrichment pertains rebutting the presumption of indefeasible title at the land title office.

Many of these unjust outcomes involve children & have been documented in research — see Bala 2012.

Pettkus v. Becker, [1980] 2 SCR 834 is a foundational case on the concepts of unjust enrichment and constructive trusts, particularly in the context of domestic partnerships.

Nothing in the act hints at the existence of the presumption of advancement, never mind the presumptions of gift and resulting trust, or the doctrine of unjust enrichment and its equitable remedies.

Our attorneys have successfully helped countless clients defend themselves in the face of unjust or excessive fines or penalties.

If someone is mistreated at work and laid off because of unjust reasons, the mistreated employee can take the employer or company to court.

for the protection of persons against the extreme inconvenience of unjust claims and pretensions to a marriage which has no existence whatever.