Sentences with phrase «substantial compliance»
"Substantial compliance" means meeting most of the requirements or rules, even if there are minor deviations or discrepancies. It is a way to acknowledge that someone or something has made a serious effort to follow the regulations, even if they haven't fully met them. Full definition
The court ruled based its ruling on the doctrine of substantial compliance, under which a court overlooks technical compliance failures when the parties have met the overall purpose of the law.
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Some courts require strict compliance with such statutory requirements, while others will settle for something less than perfection if the broker can show substantial compliance.
The judgment applies the law on substantial compliance to the issue of defective signs and lines.
The court must also assess the extent to which enforcement of the agreement still reflects the original intention of the parties and the extent to which it is still in substantial compliance with the objectives of the Divorce Act (which include the objectives of finality, certainty and autonomy).
[55] Stage two of the Miglin analysis is only engaged where it is alleged the parties» circumstances have changed since the execution of the agreement such that the agreement no longer reflects the original intentions of the parties and is no longer in substantial compliance with the objectives of the Divorce Act.
Ontario does not have substantial compliance rules.
In his final full report in July 2016, Orleans wrote that «Quinnipiac has made substantial compliance progress during the course of Decree,» noting the women's rugby championship in the 2015 - 2016 season as one example of the women's teams» «recent competitive achievements.»
He said the DOJ has multiple times since said the jail is in substantial compliance even though the state report seems to contradict that.
The agreement will last for three years, or until the time that the Jail has achieved substantial compliance with its terms.
The Court of Appeal held that it was difficult to reconcile the strict approach in Davies v Heatley with the modern approach to statutory interpretation and substantial compliance exemplified by R v Soneji [2006] 1 A.C. 340.
Requires all counties, cities, towns, and villages to submit an addendum signed by its municipal judge certifying substantial compliance with certain municipal court procedures.
Bill 148 proposes sweeping changes to employment and labour laws in Ontario, creating substantial compliance obligations and potential risks for employers.
He first argued substantial compliance with the ITCA through his ongoing communication with the insurance company, which made SCCAP aware of the claim.
Thaler referred to the announcement earlier this year by National Credit Union Administration Chairman Debbie Matz to NAFCU that the agency will consider credit unions» «good faith efforts toward substantial compliance» with the new TILA / RESPA rule for credit unions the agency examines.
applications for inclusion on the [European Quality Assurance Register] should be evaluated on the basis of substantial compliance with the ESG, evidenced through an independent review process endorsed by national authorities, where this endorsement is required by those authorities.
[60] There is the possibility that part of the agreement will pass stage one of the Miglin analysis and part will be disregarded; for example, where the circumstances surrounding the negotiation and execution of the agreement are acceptable but a provision, such as duration, is not in substantial compliance with the Act.
Pointing out that there was substantial compliance with rules during the primary, the panel however noted, «that consideration may not be sufficient reason to ignore such serious and weighty, identified irregularities.
New Gold told Canadian Business it «remains committed to strong environmental practices and social responsibility,» adding that a recent independent review found it to be in substantial compliance with the International Cyanide Management Code.
The Department of Law, along with the plaintiffs in the case, have also agreed to recommend the court's monitor have the three - year oversight with the stipulation that the NYPD is in «substantial compliance» with the ruling.
Both the city's law department and the case's plaintiff have also agreed to recommend the court - appointed monitor be limited to a three - year term «on the condition that the NYPD is in substantial compliance with the decree,» the mayor's office said.
Both the city's law department and the plaintiffs have agreed to recommend to the District Court that the monitor supervision will have oversight for three years, on the condition that the NYPD is in substantial compliance with the decree.
Attorneys for Occupy Rochester claim they've demonstrated «substantial compliance» with a contract they reached with the city last fall.
The level of conformity with the ESG required for ENQA membership is that of «substantial compliance», not rigid adherence.
(g) A consumer reporting agency that is in substantial compliance with the «Fair Credit Reporting Act,» 84 Stat.
Substantial compliance with legal formalities can, in these jurisdictions, be sufficient to make wills.
«Over 95 percent of the breeders and dealers that are inspected are in substantial compliance with the Animal Welfare Act.»
«Over 95 % of the breeders and dealers that are inspected are in substantial compliance with the Animal Welfare Act.»
Several provinces have a «dispensing power» now or a process for validating wills in «substantial compliance» with the usual form rules.
Specific language to do so was adopted by the ULCC in 2002 (though then using the term «substantial compliance»).
Its provision was amended in 2006 to use the language of dispensation with formalities rather than substantial compliance.
Queensland courts used to have a statutory ability to give effect to a document if it was in substantial compliance with the form rules in the Act.
The Court of Appeal handed down judgment last week in a public law case concerning the application of the principles of substantial compliance to the apparently mandatory duties of local authorities to use prescribed traffic signs and road markings.
[54] Where the court finds the circumstances surrounding the negotiation and execution of the agreement are satisfactory, and that the agreement was in substantial compliance with the objectives of the Divorce Act at the time it was entered into, the court should «defer to the wishes of the parties and afford the agreement great weight» (Miglin at para 87).
[52] Only if the court finds the circumstances under which the agreement was negotiated and executed are satisfactory will it go on to step two of the stage one analysis, which involves an assessment of the agreement as a whole to determine whether it was in substantial compliance with the objectives of the Divorce Act at the time it was entered into.
In a similar fashion, a judge will only enter into stage two of the Miglin analysis if there is no basis for impeaching the agreement pursuant to stage one, that is, both the circumstances surrounding the negotiation and execution of the agreement are acceptable and the substance of the agreement was in whole or in part in substantial compliance with the objectives of the Divorce Act at the time it was entered into.
Under the substantial compliance standard, the court looked to whether the record «creates a concern regarding the overall adequacy and integrity of the... decision making process.»
As shown by its substantial compliance with the production order, petitioner does not deny Alabama's right to obtain from it such information as the State desires concerning the purposes
The Uniform Law Conference of Canada discussed whether the «substantial compliance» rules would allow for electronic wills in a discussion paper published in 2000.
The validated self - study, including the program director's responses to the validation visit, was reviewed by a national commission composed of recognized experts in child care and early childhood education, judged to be in substantial compliance with the Academy's Criteria, and granted accreditation for a five - year period.
However, the court allowed the broker's claim to go to trial because the statute had recently been amended to permit «substantial compliance» with the requirement that the broker's signature be on the listing agreement.