Sentences with phrase «under paragraph 70nfb»

(4) The public body seeking recognition or claiming enforcement of a decision shall upon request furnish any document necessary to establish its right under paragraph 2 and that benefits have been provided to the creditor.

[6] There is no single test to determine whether a lawyer's services are provided on a «temporary basis» in this jurisdiction, and may therefore be permissible under paragraph (c).

In particular, the mere fact that a matter excluded under paragraph 2 arises by way of defence does not exclude proceedings from the Convention, if that matter is not an object of the proceedings.

(4) A Contracting State shall, if recognition of a decision is not possible as a result of a reservation under paragraph 2, and if the debtor is habitually resident in that State, take all appropriate measures to establish a decision for the benefit of the creditor.

This paragraph shall apply only if the Contracting State has made a declaration in respect of the treaty under this paragraph.

(3) Notwithstanding paragraph 2, proceedings are not excluded from the scope of this Convention where a matter excluded under that paragraph arises merely as a preliminary question and not as an object of the proceedings.

However, the size of contributions, the degree of involvement in the campaign, the timing of the campaign and the proceeding, the issues involved in the proceeding, and other factors known to the judge may raise questions as to the judge's impartiality under paragraph (A).

(2) Contracting States may, in fulfilling their obligations under paragraph 1, utilise a country profile form recommended and published by the Hague Conference on Private International Law.

[20] Under paragraph (k), a prohibition on conduct by an individual lawyer in paragraphs (a) through (i) and (l) also applies to all lawyers associated in a firm with the personally prohibited lawyer.

(b) to exercise such powers and perform such duties of the Independent Police Review Director as may be prescribed under paragraph 4.1 of subsection 135 (1).

(5) An administrator appointed under paragraph 4 of subsection (1) has all the powers necessary for the performance of his or her functions.

Under paragraph (c)(2), a lawyer does not violate this Rule when the lawyer appears before a tribunal or agency pursuant to such authority.

However, fees will also be payable after 12 October 2013 where the application relates to chancel repair liabilities under paragraph 15, schedule 4, Land Registration Fee Order 2012.

If a justice... makes an order under subsection 515 (2), (5), (6), (7), (8) or (12) or makes or vacates any order under paragraph 523 (2)(b), the accused may, at any time before the trial of the charge, apply to a judge for a review of the order.

(4) The maximum amounts set out in subsection (3) apply unless modified by any optional benefits that are available under paragraph 3, 4 or 5 of subsection 28 (1).

Re Meem SL Ltd (In Administration)[2017] EWHC 2688 (Ch) Acted for a creditor in successfully defeating an application by a rival creditor under paragraph 74 of Schedule B1 of the Insolvency Act 1986 seeking to prevent the administrators from disposing of an alleged cause of action by way of a public auction

• The paradigm case under paragraph 74 arises where the administrator treats the applicant (either alone or together with further creditors) less favourably than another creditor or creditors: see Re Coniston Hotel (Kent) LLP [2013] 2 BCLC 405.

28 The parties agree that the Commission may, within thirty days, upon application by the Crown or the judges» associations made within ten days after the delivery of its recommendations and report pursuant to paragraph 15, subject to affording the Crown and the judges» associations the opportunity to make representations thereupon to the Commission, amend, alter or vary its recommendations and report where it is shown to the satisfaction of the Commission that it has failed to deal with any matter properly arising from the inquiry under paragraph 13 or that an error relating to a matter properly under paragraph 13 is apparent on the report, and such decision is final and binding on the Crown and the judges» associations, except those related to pensions.

... -LSB-(j) to (k): absence of accused or video link evidence, see below]... Section 715 (1.01) Where a justice grants a request under paragraph (1)(j. 1), the Court must inform the accused that the evidence taken during his or her absence could still be admissible under section 715.

7 The parties agree that the members of the Commission shall serve for a term of three years beginning on the first day of July in the year their inquiry under paragraph 13 is to be conducted.

30 The parties agree that the recommendations with respect to pensions, or any reconsideration under paragraph 28 of a matter relating to pensions, shall be presented to the Management Board of Cabinet for consideration.

35 The parties agree that requests by either party, made under paragraph 34, shall be presented to the Commission for consideration within one month of the presentation of the report to the Chair of Management Board.

39 Neither party can utilize the dispute clauses to limit, or to narrow, the scope of the Commission's review as set out under paragraph 13, or the binding effect of recommendations within its scope as set out under paragraphs 27 and 28.

27 The recommendations of the Commission under paragraph 13, except those related to pensions, shall come into effect on the first day of April in the year following the year the Commission began its inquiry, except in the case of salary recommendations which shall come into effect on the first of April in the year in which the Commission began its inquiry and shall have the same force and effect as if enacted by the Legislature and are in substitution for the provisions of any schedule made pursuant to this Agreement and shall be implemented by the Lieutenant Governor in Council by order - in - council within sixty days of the delivery of the Commission's report pursuant to paragraph 15.

If people have been excluded from the hearing under paragraph 3, the submissions of the Government of Ontario and of the judges» associations shall not be made public except to the extent that they are mentioned in the Commission's report.

If the percentage calculated under paragraph 3 exceeds 100 per cent, the salaries are to be calculated by multiplying the appropriate salaries for the year preceding the year for which the salaries are to be calculated by the lesser of that percentage and 107 per cent.

With regard to a request for an interim measure under paragraph 2 (d), the requirements in paragraphs 3 (a) and (b) shall apply only to the extent the arbitral tribunal considers appropriate.

26 The parties agree that they may jointly submit a letter to the Commission requesting that it attempt, in the course of its deliberations under paragraph 13, to produce a unanimous report, but in the event that the Commission can not deliver a majority report, the Report of the Chair shall be the Report of the Commission for the purpose of paragraphs 13 and 14.

Under this paragraph, the burden of proof is on the parent filing the petition, motion or order to show cause.

Under paragraph 20, «[d] escribing a product as «gratis», «free», «without charge» or similar if the consumer has to pay anything other than the unavoidable cost of responding to the commercial practice and collecting or paying for delivery of the item» is considered an unfairly aggressive commercial practice.

For example, the Appeals Officer recognized that if the employer does not own the buildings nor has a right to alter them, an employer can not ensure that those buildings meet prescribed standards, as required under paragraph (a).

Conversely, even if the employer did not control the work place, the Appeals Officer recognized that an employer could ensure the safety of the equipment being used by its employees, as required under paragraph (t), so long as it controlled the employees» activity.

By acting in this manner, he placed himself in a position incompatible with the due execution of the office of judge, which amounts to misconduct under paragraph 65 (2)(d) of the Judges Act,» the two committee members said.

If a justice... makes an order under subsection 515 (2), (5), (6), (7), (8) or (12) or makes or vacates any order under paragraph 523 (2)(b), the accused may, at any time before the trial of the charge, apply to a judge for a review

(11) If the application is not withdrawn under subsection (9), the insurer shall pay for goods and services the insurer agreed to pay for in the notice under paragraph 1 of subsection (8) within 30 days after receiving an invoice for them.

In the case of a person who designated the 52 weeks before the accident under paragraph 2 of subsection (1) or paragraph 1 of subsection (2), the person's gross income from employment for the 52 weeks before the accident.

(7) If a person qualifies for an income replacement benefit under paragraph 1 or 2 of section 4 and also qualifies under paragraph 3 of section 4, the person's gross annual income from employment shall be determined under subsection (3) or (4), as the case may be, until the day he or she would have been entitled to begin employment under the contract described in paragraph 3 of section 4, and thereafter the person's gross annual income from employment shall be determined in accordance with subsection (5).

In the case of a notice under paragraph 1 of subsection (8), the insurer shall pay for all goods and services provided under the treatment plan that relate to the period starting on the 11th business day after the day the insurer received the application and ending on the day the insurer gives the notice described in paragraph 1 of subsection (8).

(2) An insured person who is eligible for an income replacement benefit under paragraph 1 of section 4 and who was self - employed at any time during the four weeks before the accident shall designate one of the following time periods:

If the attendance of the insured person was required for the examination, the day is the 15th business day after the day the examination was completed or was required under paragraph 2 or 3 of subsection 42 (11) to be completed.

(14) If the insurer fails to provide a copy of the report of the examination under section 42 or its determination in respect of the claim by the 15th business day after the day the examination was completed or was required under paragraph 2 or 3 of subsection 42 (11) to be completed, the insurer shall pay all specified benefits to which the application relates for the period commencing on that day and ending on the day the insurer gives the insured person the report or determination.

fixes the amount payable under paragraph 3 of subsection 25 (2) at $ 50,000 if the accident occurred on or after October 1, 2003, instead of the amount specified in subparagraph 3 i of subsection 25 (2), and

(9) If the insurer discloses a conflict of interest relating to the treatment plan, the insured person may, within 10 business days after receiving the notice under paragraph 1 of subsection (8), withdraw the application and submit a new application.

The Appeals Officer ruled that the obligation to inspect under paragraph 125 (1)(z. 12) of the Code does not apply to any place where a letter carrier is engaged in work outside the physical building, given that the Employer does not exercise control over these workplaces.

(d) uses, possesses, traffics in or permits another person to have access to a computer password that would enable a person to commit an offence under paragraph (a), (b) or (c)

Against the state, sure, be it under paragraph 2 (b) of the Charter or the 1st Amendment of the US Constitution.

Try explaining the concept of mens rea to someone in under a paragraph and without the influence of alcohol or a stimulating drug and you'll see what I mean.

(b) who is entitled to the optional medical, rehabilitation and attendant care benefit under paragraph 5 of subsection 28 (1).

268.2 The Statutory Accident Benefits Schedule shall be interpreted in accordance with the rules made under paragraph 10.2 of subsection 121 (1).

(3) If a person qualifies for a non-earner benefit under paragraph 2 of subsection (1) and more than 104 weeks have elapsed since the onset of the disability, the amount of the non-earner benefit is $ 320 for each week that the insured person suffers a complete inability to carry on a normal life, less the total of all other income replacement assistance, if any, for the same week.