Sentences with phrase «under statutory»

The court determined that disciplinary actions carried out by RECO do indeed fall under the Statutory Powers Procedures Act and are therefore subject to judicial review.

The new legislation clarifies that an owner - builder's obligations under the statutory warranty are similar to obligations of licensed residential builders under a policy of home warranty insurance.

Under our statutory law, the eviction process is referred to as an action by the landlord for possession of the dwelling unit.

If buyer clients believe that they may have a claim against a builder under a statutory, express, or implied warranty, there are several important steps they should take: Read the warranty, if there is one, provided by the builder; call the builder and try to resolve the dispute; provide written notice to the builder of the defect in the form of a letter; give the builder a reasonable amount of time to resolve the problem; seek legal advice if the dispute can not be resolved; and contact the state consumer protection agency or state attorney general's office.

The representative body is under a statutory duty to notify the relevant native title party of the proposed future act (Section 203BG NTA), take instructions, and potentially to facilitate and assist the lodging of an objection to the inclusion of the statement.

The rapist may have no entitlement under statutory or case law to be recognized as the child's father, or it may not be in the child's best interest for paternity to ever be determined.

However, there are no guarantees under statutory law.

Under statutory law, however, no power for this purpose is granted specifically to the adult child.

A parent is part of the class of family members, in which no one family member has any more power, under statutory law, than another.

By placing parties under a statutory obligation to consider mediation from the outset, the Act should also assist with removing any perception that a proposal to mediate might somehow be seen as a sign of weakness on the part of one of the parties.

Indigenous freehold is land that has been granted as freehold title under the statutory land rights legislation introduced in 1991.

Some employers may have more generous parental leave provisions and also give leave to parents or carers who don't qualify under the statutory scheme.

«This prevented the commissioner from being able to address the complaint under the statutory process.»

According to Pooler, «Bitcoin does not fall under the statutory definition of «payment instrument»... nor does Bitcoin fit into one of the defined categories listed.»

The customers must not be income tax payers and must not get covered under Statutory Social Security Schemes.

The House of Lords held that the fact that Nike and Head were foreign companies was irrelevant; they were still under a statutory obligation to deduct UK income tax from the payments to Andre Agassi.

However, section 2107 (c) was an independent basis for sanctions, but the appellate court remanded for a re-examination of fees under this statutory provision given the reversal on the four alleged violations.

In that case, the majority of the Supreme Court of Canada found that a public interest plaintiff had a right to sue in court under a statutory provision in British Columbia's Business Practices and Consumer Protection Act.

The landlord maintained that the tenants could not have served the second notice under the statutory scheme, or alternatively that they were stopped from doing so.

«I am satisfied that certified copies of plans of survey made available to members of the public under the statutory scheme are works published under the «direction or control» of the Crown for the purposes of s. 12 of the Copyright Act,» Justice David Doherty wrote in the decision.

With regard to any claim under the statutory right to maternity leave, the judge held that the department was in the right.

Claims under the Statutory Accident Benefits Schedule (SABS) rose 150 % between 2005 to 2010, even though the number of claims only increased by 30 % for this period.

P's needs could only be met under NAA 1948, s 21, as he would never be able to live independently, even in adulthood, and would therefore need the full range of community care services available to him under this statutory provision.

Prudential The case of R (on the application of Prudential plc & another) v Special Commissioner of Income Tax & another [2010] EWCA Civ 1094 arose in the context of notices issued to Prudential by HMRC under their statutory powers seeking documents relating to a widely marketed tax avoidance scheme.

Client money belongs to the client but is held by an investment firm under a statutory trust for trading or portfolio management purposes.

Response: Under the statutory framework adopted by Congress in HIPAA, a presumption is established that the data contained in an individual's medical record belongs to the individual and must be protected from disclosure to third parties.

Response: Under our statutory authority, we can not directly regulate entities that are not covered entities; thus, we can not regulate most business associates, or «authorize» them to use or disclose protected health information.

The plaintiff must prove the damage results from action taken under a statutory authority and from the construction and not the use of the works.

These include reports which large businesses are under a statutory duty [1] to publish reports on payment practices, which is the subject of our next Procurement Byte on Supply Chain.

Response: We disagree with these commenters regarding the limitations under our statutory authority.

However, another recent American decision resulted in a $ 1.2 million dollar award for copyright infringement of another photograph, this time under statutory damages.

There will be a huge procedural change as well; disputes under the Statutory Accident Benefits Schedule («SABS») will no longer be subject to the jurisdiction of the Financial Services...

This section is intended to provide a brief overview of the benefits available to victims of motor vehicle accidents under the Statutory Accident Benefits Schedule, which are often referred to as «accident benefits» or «no - fault benefits».

The disagreement about the correct notice to serve comes about in relation to a fixed term AST which has expired and the tenant remains in occupation under a statutory month - by - month periodic tenancy.

When calculating the 28 days which must elapse under the statutory grievance procedure between submitting a grievance and making a tribunal claim, 28 clear days must elapse between the date of the grievance and the date of submission: «if you put a grievance in on a Monday you must wait until the Tuesday four weeks later — in other words, 28 days plus a day — before presenting a claim».

The court also reiterated that official publications emanating from the relevant government department can be referred to in civil proceedings as an aid to construction and that a Code of Practice which is designed to give practical guidance to employers as to how to comply with their duties under statutory regulations can be taken as providing some assistance as to the meaning it was intended those regulations should have.

Construction Law: Builder's / Mechanic's / Construction Liens Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel, 2015 SCC 43 (35777) Filing a lien does not affect a statutory trust; a lien bond secures a contractor's or subcontractor's lien claim rather than satisfying it through payment, and does not extinguish an owner's or contractor's obligations under a statutory trust.

«Search and seizure under statutory powers constitute fundamental infringements of the individual's immunity from interference by the state with his property and privacy — fundamental human rights.»

A refusal by a senior immigration judge to order reconsideration of a case by a panel of the Asylum and Immigration Tribunal can therefore only be reviewed under the statutory review procedure by a High Court judge, whose decision on the review is final, and judicial review of the refusal to order reconsideration is not available.

The appointments will be overseen by two independent selection commissions convened by the Lord Chancellor under statutory rules.

By Michael Lesage In Ontario, the occupier of property is under a statutory duty to: «take reasonable care in the circumstances to make their premises safe.

A lien bond secures a contractor's or subcontractor's lien claim rather than satisfying it through payment, and does not extinguish an owner's or contractor's obligations under a statutory trust.

After considering the interplay of various provisions of the Health Professions Act (HPA), the HPRB concluded that under one process stream available under the HPA, «the Registrar has room to conduct those investigations he or she considers necessary to fulfill his functions, including the «reporting and recommendations» function, and then to recognize that when the matter comes before the Inquiry Committee under s. 33 (1), the Inquiry Committee is itself still under a statutory duty to investigate the complaint.»

The applications judge allowed an appeal on the grounds Chubb was an «insurer» under the statutory regime because its policy was a «motor vehicle liability policy» and there was sufficient nexus between Chubb and Ms. Singh to require the payment of Statutory Accident Benefits.

In the last couple of days, the appellate courts have grappled with when attorney's fees are awardable under Civil Code section 1717 when a contract is declared to be void (whether illegal or under another statutory provision).

To determine whether the scope of the Defendants» (First Choice Holidays & Flights Ltd) obligations in contract and / or tort and / or under statutory regulations; Whether the Defendants or its suppliers of services were in breach of those obligations; If so whether the Defendants» breaches of those obligations caused the Claimants to suffer injury; In the event that the Defendants are liable to the Claimants quantification of damages.

Greene King Brewing and Retailing Ltd v Gambling Commission [2017] EWCA Civ 372, [2017] 1 WLR 3611 Junior to Philip Kolvin QC; the first Court of Appeal case concerning the Gambling Act 2005, involving consideration of the refusal of licence applications and the scope of the regulator's powers under the statutory scheme (instructed by the Gambling Commission)

At all times, should the requirements under statutory law, or successor legislation be amended, the Company will provide you with your entitlements under such legislation in lieu of your entitlements under this Agreement.

The License Appeal Tribunal has held that a person who tripped over stone blocks and fell into a parked Honda vehicle was involved in an «accident», making him entitled to receive accident benefit under the Statutory Accident Benefits Schedule.

Service providers providing goods and services under the Statutory Accident Benefits Schedule (SABS) are typically health and rehabilitation clinics, and providers of examinations and assessments.