Sentences with phrase «under ss 22za»

The Court may make an order under ss 87 and 87A only when «it is appropriate to do so».

Under proposed s 86B (4)(ea)(item 18), any submission made by the NNTT pursuant to its right of appearance under ss 86BA (1)[item 20] may be taken into account by the Court in making mediation orders.

The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under ss.

raise the threshold for parties seeking to be added as a party under ss 84 (3)(a)(i), 84 (3)(a)(iii) or 84 (5), along the lines of «a person whose interests are likely to be substantially affected to their detriment in the proceedings» or based on existing statutory or common law tests for standing or joinder as a party in civil proceedings

An additional issue that arises whenever an agreement is presented before the court under ss 87 or 87A is whether the court considers that making the consent determination that the parties have agreed to is «appropriate» (s87 (1) and s87A (4)(b)-RRB-.

Both Ogiamien and Nguyen brought applications under s. 24 (1) of the Canadian Charter of Rights and Freedoms claiming that the lockdowns violated their rights under ss.

It argued it was an unconstitutional tax because under ss.

Therefore no order under ss.

(3) If the answer to the first two questions was «no», could the court make an order under ss.

Several criminal sentencing provisions of the Safe Streets and Communities Act impose stricter sentences for convictions under ss.

The constitutional basis for taxation in Australia, under ss.

Pregnancy leave, under ss.

In Porter the Court of Appeal has refined the test of the meaning of «risk», that is the trigger point of the Health and Safety offences under ss 2, 3, 7 and 37 etc..

486 and 537 of the Criminal Code in light of the competing Charter values under ss.

It is an ongoing legal duty under ss.1, 11 and 17 of the Code.

● The definition of the «responsible person» is at s 5 (3), «(a) any person (other than A) connected with, or employed by, C whose functions at the time of the bribe included preventing persons such as A from committing offences under ss 1 or 4 in connection with C's business or (b) if there is no such person with such a function, any senior officer of C».

Under ss 49 (1) and 144 (4) of the Adoption and Children Act 2002, an adoption order can be granted to «a couple» in an «enduring relationship» without the necessity for them to be married.

When are banks, victims of a fraudulent cheque scheme, liable for conversion, and can the banks raise defences under ss.

The explanation, retraction and apology remedies provided under ss.

In R v Chargot Ltd [2008] UKHL 73, [2008] All ER (D) 106 (Dec) the House of Lords adjudicated on the burden that the prosecution bears in order to establish a breach of duty under ss 2 and 3 of the Health and Safety at Work (etc) Act 1974 (HSWA 1974).

The process under ss 73 and 74 does not provide immunity from punishment, and, subject to appropriate discounts, an effective sentence remains a basic characteristic of the process.

On April 26, 2010, Khojasteh Kazemi was given a ticket under ss.

In a case where a count on an indictment spans the commencement date, the court should not impose any penalty under ss 224 to 229 unless it is satisfied that at least one relevant offence was committed after the commencement date.

Lord Hope said that the risks which are to be guarded against under ss 2 and 3 of HSWA 1974 are not those which are trivial or fanciful but risks that are material.

The effect of the amendments made by section 10 and Sch 6 is that a police officer may attach conditions to bail granted at a police station before charge under ss 37 (2) and 37 (7)(b) of PACE, and to bail granted elsewhere than at a police station (street bail) under s 30A.

Since 1 April 2013, however, the court has had a statutory power to make an LSPO under ss 22ZA and 22ZB of the Matrimonial Causes Act 1973.

Consequently, it is the authors» view that enforcement of workplace health and safety breaches is now probably more straightforward under ss 2 and 3 of HSWA 1974.

This particular dispute arose from a production order by Justice Nadelle of the Ontario Court of Justice in 2015, under ss.

Teva sued the banks for damages for conversion, and the banks raised defences under ss.

The Plaintiffs / Respondents also claim the «New Veterans Charter» scheme violates their rights under ss.

They succeeded at trial notwithstanding the S.C.C. decision in Rodriguez v. B.C. [1993] 3 S.C.R. 519, that s. 241 did not infringe certain Charter rights under ss.

Following a voir dire, the trial judge agrees, applies White, and excludes the Crown's evidence under ss.

The respondent also submitted that in the absence of a specific statutory provision allowing for the payment of interest, the Minister has no authority to award interest no matter how broadly remedial powers are drafted under ss.

LMAA Arbitration No. 1 - unsafe berth / implied indemnity — acted as Junior Counsel for alleged intermediate charterers in an unsafe berth dispute which gave rise to multiple applications to the High Court under ss.67 and 69 of the Arbitration Act.

The inmate in question, Jeffery Ewert, claimed that, during a lockdown at the Kent Correctional Institution that occurred between January 7 and 18, 2010, his rights and the rights of other inmates under ss.

The court also looked at whether CCFIPPA would change the governance of HFN and decided since it only has powers under ss.

Temporary resident permits may be issued under ss 24 (1) of IRPA to persons who are believed to be inadmissible to Canada or who do not meet other requirements of the IRPA.

Michael Wilson & Partners Limited v Emmott: [2011] EWHC 1441 (Comm) Acted for the applicant in the Commercial Court challenging an arbitration award under ss 68 and 69 of the Arbitration Act 1996 involving allegations of diversion of corporate opportunities and secret commissions against a partner of a law firm.

Raj Arumugam represented the Secretary of State for Business, Energy & Industry Strategy and the Official Receiver on a successful strike out application of a claim for negligence and breach of duties under ss.287 (3), 289 and 315, Insolvency Act 1986 (Frosdick v. Secretary of State for BEIS & the Official Receiver [2016] EWHC 3008 (Ch)-RRB-.

[105] The doctrine of interjurisdictional immunity holds that insofar as legislation enacted by one level of government pursuant to their sphere of jurisdiction under ss.

Pelucco was charged with simple possession of the methamphetamine and possession of the cocaine and heroin for the purpose of trafficking under ss.

In defence, the employer argued that he was terminated with a generous dismissal package that exceeded the statutory requirements under ss.

The Judge held that the Council had ample powers to investigate allegations of misconduct against elected members, including allegations that pre-dated the LA 2011, under ss 151 or 111 of the Local Government Act 1972, and / or ss 1, 27 or 28 of the LA 2011.

Under ss 42 and 43, spouses are liable to maintain each other with the result that local authorities have discretionary powers to ask one spouse to contribute to the cost of care for the other.

In Lines Tysoe J.A. concluded at paras. 190 - 194 that such a notional contribution could not be allowed when calculating net income loss under ss.

A better comparison is between an order under the All Writs Act and an assistance order in Canada that is invariably granted in tandem with a wiretap authorization under ss.

Mr. Ahmed - Kadir intends to raise arguments of fact and law concerning potential breaches under ss.

Mr. Figueiras applied to the Ontario Superior Court of Justice for a declaration that the police officers had violated his rights to freedom of expression, peaceful assembly, and liberty under ss.

There is no rule or principle, applicable to collision cases or analogous types of case in the Admiralty Court, where there is no counterclaim, that a claimant who was at fault under ss 187 (1) and (2) of the Merchant Shipping Act 1995 (MSA 1995) should recover its costs in proportion to its liability to the defendant.

In non-catastrophic cases with no additional options, housekeeping and caregiver SABS benefits will be eliminated under ss.