The IT law bar is collectively scratching their heads trying to understand what
the provisions mean in practice.
Not exact matches
Moreover, this
practice should not be seen as problematic
in states with
means - testing
provisions.
-- The term «qualified individual with a disability»
means an individual with a disability who, with or without reasonable modifications to rules, policies, or
practices, the removal of architectural, communication, or transportation barriers, or the
provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation
in programs or activities provided by a public entity.
The test to determine discriminatory conduct,
in this case direct age discrimination, is set out
in reg 3 of the Employment Equality (Age) Regulations 2006 (SI 2006/1031)(which is now repealed and set out
in s 13 (1) and (2) of the Equality Act 2010): «For the purposes of these Regulations, a person («A») discriminates against another person («B») if, on the grounds of B's age, A treats B less favourably than he treats or would treat other persons,... and A can not show the treatment or, as the case may be,
provision, criterion or
practice to be a proportionate
means of achieving a legitimate aim.»
In the case of the deceptive marketing
practices provisions, the Competition Act defines the
meaning of «subsequent order» by providing a list of conditions, each of which will make an order a «subsequent order».
If governing
in the public interest
means ensuring not only high standards of competence and learning but also ensuring the
practice of law and
provision of legal services are reflective of the all members of the public, then yes.
«The term «pro bono» refers to activities of the firm undertaken normally without expectation of fee and not
in the course of ordinary commercial
practice and consisting of (i) the delivery of legal services to persons of limited
means or to charitable, religious, civic, community, governmental, and educational organizations
in matters which are designed primarily to address the needs of persons of limited
means; (ii) the
provision of legal assistance to individuals, groups, or organizations seeking to secure or protect civil rights, civil liberties, or public rights; and (iii) the
provision of legal assistance to charitable, religious, civic, community, governmental, or educational organizations
in matters
in furtherance of their organizational purposes, where the payment of standard legal fees would significantly deplete the organization's economic resources or would be otherwise inappropriate.»
However, there are long standing
practices in place which provide
meaning to the constitutional text and any gaps
in the
provisions, which could make it part of constitutional convention.
In order to successfully claim indirect discrimination, the claimant must demonstrate that the respondent has applied a
provision, criterion or
practice («PCP»); that PCP puts or would put someone with the claimant's religion or belief at a particular disadvantage when compared to other persons; the PCP puts or would put the claimant at that disadvantage and the PCP can not be justified as a proportionate
means of achieving a legitimate aim.
In practice, this means that there will often be good prospects in medical negligence claims, other than the most straightforward, for seeking an extension of time to bring claim outside the 3 - year time limit, where a client (the patient) delays seeking legal advice or investigation of the claim until outside this 3 - year timeframe from their initial injury, or where provision of the expert opinion does not occur until this 3 - year time limit has expire
In practice, this
means that there will often be good prospects
in medical negligence claims, other than the most straightforward, for seeking an extension of time to bring claim outside the 3 - year time limit, where a client (the patient) delays seeking legal advice or investigation of the claim until outside this 3 - year timeframe from their initial injury, or where provision of the expert opinion does not occur until this 3 - year time limit has expire
in medical negligence claims, other than the most straightforward, for seeking an extension of time to bring claim outside the 3 - year time limit, where a client (the patient) delays seeking legal advice or investigation of the claim until outside this 3 - year timeframe from their initial injury, or where
provision of the expert opinion does not occur until this 3 - year time limit has expired.
In very brief summary, under the Equality Act 2010 where an employer applies a provision, criterion or practice (i.e. in this case, requiring an employee to work on a religious day) this could amount to indirect discrimination unless the employer can show that the requirement is objectively justified as a proportionate means of achieving a legitimate ai
In very brief summary, under the Equality Act 2010 where an employer applies a
provision, criterion or
practice (i.e.
in this case, requiring an employee to work on a religious day) this could amount to indirect discrimination unless the employer can show that the requirement is objectively justified as a proportionate means of achieving a legitimate ai
in this case, requiring an employee to work on a religious day) this could amount to indirect discrimination unless the employer can show that the requirement is objectively justified as a proportionate
means of achieving a legitimate aim.
Indirect discrimination, if it occurs, is not necessarily wrongful: the defendant employer may show that,
in spite of its negative effect, the
provision, criterion or
practice, despite its unequal impact, constitutes a proportionate
means of achieving a legitimate aim.
Since these types of damages have no particular
meaning in Quebec law, it is considered a best
practice to list
in the limitation or exclusion of liability
provision the main damages usually included
in the common law concept of «consequential or incidental damages,» such as loss of profits, loss of goodwill, and loss of data.
• Increased operational efficiency through effective
provision of support services across all departments • Creation of company procedures and policies as a
means of constant improvement
in company
practices • Exceptional scheduling, meeting and customer support through effective implementation of standard operating procedures
(6) «
Practice of marriage and family therapy»
means the
provision of professional marriage and family therapy services to individuals, couples, and families, singly or
in groups, for a fee, monetary or otherwise, either directly or through public or private organizations.