Sentences with phrase «statutory immunity provisions»

The effect of the statutory immunity provisions is that those in the boardroom are increasingly vulnerable to others rightly or wrongly blowing the whistle.

It found that the Code is paramount over statutory immunity provisions, that deliberative secrecy was irrelevant when the complainant only sought to rely on documents that were already disclosed, and that the rule of collateral attack was restricted to situations where a decision was sought to be overturned as opposed to having its facts re-litigated (¶ ¶ 64 - 66).

Although the Chief Justice acknowledged that this argument had some merit, the more determinative factor — and the key difference between the statutory immunity provisions relied upon by the ERCB and Alberta Environment — was that the immunity clause with respect to the former explicitly contemplated the regulator as an entity («the Board or a member of the Board...») whereas the immunity provisions under the Water Act and the EPEA did not (referring only to «persons» in various capacities; see paras 62 — 71).

Not exact matches

That jurisdiction is founded on statutory provision which requires the law of the DIFC to be first applied and only in absentia to move on to the cascading subparagraphs» provisions, of which the last is the law of England and Wales, which for reasons which are apparent, in the light of the decisions of the English Courts set out above (Burton J and Briggs LJ) on the absence of immunity of the KRG in the present case, does not assist the KRG.

After the verdict, the defendants brought a «threshold motion» (Shaw v. Mkheyan, 2017 ONSC 851) for a declaration that Mr. Shaw's claims for general damages and future care costs were barred on the basis that his injuries did not fall within the exceptions to the statutory immunity provided for in sections 267.5 (3)(b) and 267.5 (b) of the Insurance Act, RSO 1990, c. I. 8 and the applicable regulations (the «threshold provisions»).

While I still think I'm right as a conceptual matter that impossibility preemption generally turns on conduct rather than liability, the fact that it'd render the immunity provision a nullity is a problem since the question is ultimately one of statutory interpretation.