Search - contravention

The sections in question enacted a prohibition and imposed a penalty upon the person acting in contravention. ...

In matters within its jurisdiction the Board may order and require any person, or local authority, to do forthwith or within or at any specified time and in any manner prescribed by the Board, so far as it is not inconsistent with this Act or any other Act conferring jurisdiction, any act, matter or thing that such person, or local authority, is or may be required to do under this Act or under any other general or special Act, and may forbid the doing or continuing of any act, matter or thing that is in contravention of any such Act or of any regulation, rule, order or direction of the Board. ...

However, it was his opinion that the forfeiture of property, or of an amount equal to its value, in response to a contravention of the CA, does not constitute a true penal consequence within the meaning of s. 11   of the Charter  .  ...

Per the Chief Justice: In view of an admission, binding respondent, as to the proportion of shares in appellant held by the English company, appellant must be taken not to be controlled directly or indirectly by the English company, and therefore the disallowance of the deductions was not authorized under s. 6 (1) (i) of the Act, the provisions of which were applicable to the case, and the Minister could not act under s. 6 (2) in contravention of what was prescribed under s. 6 (1) (i); further, there was evidence, uncontradicted, that the advice and services of the English company were worth the amounts paid; further, s. 6 (2) did not apply to the facts: the sums claimed as deductions were not "expenses" within the meaning of s. 6 (2) (which contemplates expenses in the ordinary course of business); they were the price or consideration of the contract and of the due performance by the English company of its obligations; without them there would have been no contract and appellant would not have been in business. ... I can not see how the Minister can act under section 6 (2) in contravention of what is prescribed under section 6 (1) (i). ...

The complaint system is a practical means not only of checking whether contraventions of the ACAD have occurred, but also of deterring them.  ... However, a complaint system is often provided for by the legislature itself as it is a practical means not only of checking whether contraventions of the legislation have occurred but also of deterring them.                      ...

., which are central to this part of the debate in the case at bar:   To what consequences has the defendant’s contravention of by‑law No. 570 subjected him?  ... Section 188 makes contravention of any provision of the Code an offence.  ...

Indeed, the Court’s posture towards counsel “skirting” rulings that they disagree with in a similar fashion should be one of dis couragement, not en couragement. [6] Our concern is with the practical effect of relying on evidence adduced in contravention of the s. 276 ruling, with no admonition of counsel for “skirting” in the first place. Using evidence obtained in contravention of a s. 276 ruling to support the invocation of the proviso may well have the unintended consequence of encouraging bad behaviour. ...

It is for the taxpayer to show that there is ground for interference and, unless it is shown that the Minister has acted in contravention of some principle of law, the Court cannot interfere. ...

This does not mean that these powers can be exercised in contravention of the laws of the province restricting the rights of the public in the province generally. ...

No motion or action to quash or set aside the roll or any entries on the roll may be brought on the ground of a contravention of the second paragraph.   17.                      ...