Sentences with phrase «time bar provisions»
Unlike common law jurisdictions, where non-adherence to a time bar provision may render a contractor's claim invalid, civil codes may take a more lenient approach.
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The bill has a provision to open a one - year window to revive old cases that are currently time - barred under current law.
Full - time administrators, librarians, and counselors shall be exempt from the provisions of this section; and colleges of medicine and law and others which are required for purposes of accreditation to meet national standards prescribed by the American Medical Association, the American Bar Association, or other professional associations shall be exempt from the provisions of this section to the extent that the requirements of this section differ from the requirements of accreditation.
The Court of Appeal agreed with the first instance judge that the claim was time - barred but held that his cause of action accrued when he acted on the alleged negligent advice in 1997; an earlier date than that found at first instance (it also agreed that the claimant could not successfully overcome the limitation defence by relying on the provisions of s 14A of the Limitation Act 1980).
In finding that all three actions were time - barred as a result of the limitations period, Côté outlined her interpretation of the Ontario Securities Act and the provisions related to liability and limitations periods.
Interestingly, MacKay also announced the government would introduce declaratory provisions into the Supreme Court Act, «clarifying — without making changes to the existing law — that individuals with at least 10 years with [the] Quebec bar at any time during their career, are eligible to sit on the Supreme Court of Canada as a Quebec member.»
The time - bar provision contrasts with many of the preliminary procedural requirements stated in § § 311 — 13, which relate to the Director's ability to make an informed preliminary patentability determination pursuant to § 314 (a).
In contrast, the appeals court noted, the time - bar provision in § 315 (b) is unrelated to the question whether a reasonable likelihood exists that the petitioner would prevail on at least one challenged claim.
Accordingly, the ECJ ruled that domestic courts are required to disapply the said provisions when prosecution of serious VAT frauds is time - barred in a significant number of cases.
They are also subject to provisions which may be issued from time to time by the local bar association of the bar they practice at.
The Arkansas Supreme Court held that the punitive damages limit of greater of $ 250,000 or three times compensatory damages, not to exceed $ 1 million, violated provision of State Constitution barring limits on recovery outside employment context, in Bayer CropScience LP v. Schafer, 2011 WL 6091323, December 8, 2011.