Sentences with phrase «statutory defence»

«The law of negligence is of general application — why should there be an exceptional and cumbersome statutory defence for doctors?

The judgment of Mr. Justice Peter Smith contains (inter alia) some interesting observations on the limits of statutory defences under the Civil Aviation Act 1982.

The bill would introduce a statutory defence of responsible publication on a matter of public interest and clarify the defences of justification and fair comment, renaming them as «truth» and «honest opinion».

The case, R. v. Katigbak, revolves around the statutory defence to child pornography found in s. 163.1 (6) of the Criminal Code as it existed before and after its amendment on Nov. 1, 2005.

It replaces the common law defence of «fair comment» with the statutory defence of «honest opinion», and takes a potshot at «libel tourism» by providing that the courts should not deal with actions brought against non-UK or non-EU residents unless satisfied it is appropriate to do so.

There is a call for more clarity from the courts and the government that a relative who helps a mentally competent, terminally ill person to die in dignity will not be committing a criminal offence, or that they will have a statutory defence.

Criticisms have also been levelled at the way in which the offence may be used by prosecutors to preclude the availability of statutory defences.

«Even if a statement is made anonymously — under cover of a username — if it is likely to have been made by an employee (as, in these networks, will almost always be the case) the employer will be held liable unless it can establish its statutory defence,» Freer explained.

Self - defence is a statutory defence that is outlined in section 34 of the Criminal Code.

However, it does not exist as a statutory defence in Canada.

The jury did not find liability for the text search results because the Google could rely on the statutory defence of innocent dissemination.

In BC, the Libel and Slander Act, RSBC 1996, c 263 could similarly be amended to include the statutory defence of qualified privilege in appropriate cases.

Self defence is a statutory defence controlled by Section 34 of the Criminal Code, which sets out that a person is not guilty of an offence if their action, which would normally constitute a criminal act, satisfies the following 3 criteria:

The Act does provide for a statutory defence, again along the lines of S7 BA 2010, if the business has in place reasonable methods to prevent facilitation by its associated persons, or it is unreasonable to have such procedures in place (more difficult to raise successfully).

If so, in Canada the statutory defence of «serving the public good» (s. 163 (3)-RRB-, would provide a successful defence against any criminal charge as to corrupting morals — section 163 of the Criminal Code.

The government has dropped plans to axe a statutory defence for solicitors who report suspected money laundering or other suspicious activities.

This statutory defence renders a cheque payable to bearer, such that mere delivery, without endorsement, effects negotiation (the cheque would otherwise be payable to order, and would require an endorsement for negotiation).

; 3) Statutory Defences (has municipality established a defence under s. 44 (3) of the Act?)

A collecting bank is prima facie liable in conversion where it transfers funds to an improper recipient, unless a statutory defence succeeds.

With respect to the statutory defences in section 4, the onus of proof shifts after misrepresentation is proved — the person alleged to have made the misrepresentation must prove one or more of the statutory defences.

R. v. Ryan (N.P.) 2013 SCC 3 Criminal Law — General principles — Statutory defences or exceptions — Compulsion (duress) The accused, an abused wife, attempted to hire a «hit man» to kill her husband.

It would introduce a statutory defence of responsible publication on a matter of public interest, protect those reporting on proceedings in Parliament and other issues of public concern, and require claimants to show substantial harm and corporate bodies to show financial loss.

* The court instead found that the common law defence of absolute privilege and the statutory defence of good faith were intended to co-exist (following the approach taken by the BC Court of Appeal in Schut v. Magee, 2003 BCCA 417).