Search - contravene

Notwithstanding the provisions of section 4.2.4, only the matters on the agenda forwarded prior to the date provided for the initial meeting can be discussed and voted upon at the adjourned meetings, if necessary.... 4.3       Decisions requiring unanimity amongst directors present 4.3.1    Any action, ruling, resolution or by-law relating to the business of the Company or one of its Subsidiaries having in purpose or affect, either directly or indirectly, any of the following matters, shall, in order to be effective, be adopted or approved at all times by the unanimous consent of those members of the Board of Directors present at the meeting legally called to discuss such matter, provided that quorum is reached, or by written resolution duly signed by all directors in office entitled to vote on such resolution: 4.3.1.1       acquisition by the Company of shares, capital shares, units or a substantial portion of the assets of a legal person, company, partnership, limited partnership or a cooperative; 4.3.1.2       execution of any loan, financing, refinancing, issuance of debentures, bonds, notes or any other such debt instruments, whether they be convertible or not, for an amount in excess of one million dollars ($1,000,000) per financial year; 4.3.1.3       any loan of money made by the Company and the security by the Company or one of its Subsidiaries of a Third Party’s given debts or any guarantees; 4.3.1.4       approval of the annual business plan and the annual marketing plan as well as any amendments thereto; 4.3.1.5       approval of the annual capital budget and the annual operating budget, along with the approval of any amendments thereto, the approval of any expenditure that is part of the annual capital budget for an amount in excess of one million dollars ($1,000,000) and approval of any capital expenditures not included in such budget; 4.3.1.6       any decision related to the declaration and payment of dividends that contravene the Dividend Policy; 4.3.1.7       the hiring, termination, removal, dismissal or end of employer-employee relationship of any officer, other than the Controller, reporting directly to the General Manager (on the recommendation of KRUGER), as well as the establishment of their compensation, other than by the General Manager following approval by the Board of Directors by simple majority; 4.3.1.8       hiring, termination or end of employer-employee relationship of the Controller [General Manager] [18] and the fixing of his compensation and establishment of his mandate; 4.3.1.9       granting and payment of any bonus, premium or benefit sharing, or any other allocation of special rights to any manager including the allocation of share purchase options; 4.3.1.10     annual appointment of the Company’s president, as the case may be; 4.3.1.11     compensation of directors; 4.3.1.12     execution of any contract, understanding or agreement that is outside the ordinary course of business of the Company or any of its Subsidiaries; 4.3.1.13     institution, defence or settlement of any legal proceeding, whether or not initiated by the Company or one of its Subsidiaries, where the amount at issue is fifty thousand dollars ($50,000) or more or when the total amounts claimed during the same financial year attains fifty thousand dollars ($50,000); 4.3.1.14     the execution of a lease with a term exceeding two (2) years or a lease with a lesser term but which requires the Company or any Subsidiary to assume obligations of three hundred thousand dollars ($300,000) or more in the same financial year; 4.3.1.15     adoption of a compensation policy for the employees and management of the Company or any Subsidiary that does not comply with the compensation policy that is in effect from time to time at KRUGER, and any modification or replacement of such a policy that would entail non-compliance with the employee and management compensation policy that is in effect from time to time at KRUGER; payment of any compensation to employees or managers of the Company or any Subsidiary that does not comply with the guidelines established from time to time in the Company’s compensation policy; 4.3.1.16     the licencing by the Company or of any of its Subsidiaries of its technology licences; 4.3.1.17     the adoption or amendment of any delegation of authority or banking resolution; 4.3.1.18     the establishment of any Board of Directors’ Committee; and 4.3.1.19     any action, ruling, resolution, by-law or other measure referred to in section 4.8 which relates to a Subsidiary and whose effectiveness requires the affirmative vote of the Company’s representative who is authorized to vote at the shareholders’ meeting of the Subsidiary concerned.... 4.6       Project Management 4.6.1    The Shareholders agree to establish their requirements for the Project’s management on the basis of principles stated in Appendix B of this Agreement. ...

If the answer to the first question is yes, does Revenue Canada's decision to include the SOGD in the appellant's income contravene section 15(1) of the Charter? ...

But if there is both a true criminal process and an administrative or quasi-judicial process, then it is proper to examine the administrative or quasi-judicial process closely to see whether it contravenes the Charter by providing punishment again for what is truly the same offence. ...

The other is that a person’s chief source of income cannot be a combination of farming and something else unless farming predominates (or is not a side-line business). [74]            That approach to the interpretation of the combination question contravenes the teaching of th e Supreme Court of Canada in several recent cases that warn against the development of judge-made rules in tax matters. ...

Therefore, even if the factual allegations referred to above had been disclosed in advance to the appellant and refuted, the revocation of the appellant's registration would still be justified. [85]            The appellant also argues that the provisions of the Income Tax Act relating to the process for revoking the registration of charities contravenes subsection 2(e) of the Canadian Bill of Rights, R.S.C. 1985, Appendix III. ...

Ben Industries Limited et al. contending that subsection 224(1.2): (a) contravenes, inter alia, the rights of the Applicant Lien Claimants to be secure against unreasonable search or seizure, as guaranteed by section 8 of the Canadian Charter of Rights and Freedoms and is therefore of no force or effect; and (b) is not necessarily incidental or ancillary to the federal taxation power in subsection 91(3) of the Constitution Act, 1867, such that it intrudes upon provincial jurisdiction over property and civil rights and is therefore ultra vires the Federal Parliament. ...

He suggested that to interpret subparagraph 40(1)(a)(i) in a manner that would result in taking into account as a gain an amount that is more than the appellant’s actual economic gain contravenes section 12 of the Interpretation Act. ...

., and declare that an agreement such as the one before this Court, that does not contravene the Galway line of authorities, is binding on the parties. ...

Article 8 stipulates: The laws previously in force in Hong Kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law shall be maintained, except for any that contravene this Law and subject to any amendment by the legislature of the Hong Kong Special Administrative Region. 22.         ...

., no one can, by private agreement, validly contravene the laws of public order and good morals. ...