Search - contravention

"   [7]               Further, the FSCO indicated in its reasons for its order of revocation:   In transferring or allowing the transfer of funds from the pension fund to NBI in Trust, NBI Canada or CCCC bank accounts, the pension trust fund as the named administrator has permitted the use or diversion of funds for purposes other than the purpose of the plan in contravention of the trust agreement and subsection 22(1) of the Act.   ...

He emphasized that there had been only very few contraventions arising out of some 80,000 dispatches of trucks. ...

" Herein the steps taken by the shareholders and directors of Bonavista are not only legally ineffective or incomplete, they are illegal and ipso facto ultra vires since they were taken in contravention of the articles of incorporation and the Alberta Companies Act (Angus v. ...

(vi) if Parliament had intended that a company by the simple expedient of amalgamating with another company could free itself of accountability for acts in contravention of the Criminal Code or the Combines Investigation Act or the Income Tax Act, I cannot but think that other and clearer language than that now found in the Canada Corporations Act would be necessary. ...

.), I found that the former subsection 231(4) of the Income Tax Act dealing with search and seizure was in contravention of the Charter and therefore ultra vires. ...

He goes on to emphasize that this is not an unlimited jurisdiction and that it cannot be exercised in contravention of any statutory provision. ...

I think that is a very questionable proposition but not one which I need address having concluded as I do that there was no contravention of Mr Justice Cattanach’s order in this respect. ...

In Reference Re s. 94(2) of the Motor Vehicle Act the provision in question read as follows: 94(1) A person who drives a motor vehicle on a highway or industrial road while (a) he is prohibited from driving a motor vehicle under section 90, 91, 92 or 92.1, or (b) his driver’s license or his right to apply for or obtain a driver’s license is suspended under section 82 or 92 as it was before its repeal and replacement came into force pursuant to the Motor Vehicle Amendment Act, 1982, commits an offence and is liable, (c) on a first conviction, to a fine of not less than $300 and not more than $2,000 and to imprisonment for not less than 7 days and not more than 6 months, and (d) on a subsequent conviction, regardless of when the contravention occurred, to a fine of not less than $300 and not more than $2,000 and to imprisonment for not less than 14 days and not more than one year (2) Subsection (1) creates an absolute liability offence in which guilt is established by proof of driving, whether or not the defendant knew of the prohibition or suspension. ...

Toute obligation rend le débiteur passible de dommages en cas de contravention de sa part; dans les cas qui le permettent, le créancier peut aussi demander l'exécution de l'obligation même, et l'autorisation de la faire exécuter aux dépens du débituer, ou la résolution du contrat d'où naît l'obligation; sauf les exceptions contenues dans ce Code et sans préjudice à son recours pour les dommages-intérêts dans tous les cas. ...

Further, Section 5 of the statute provides that the Board may suspend or cancel any licence issued by it in the event of any contravention of the provisions of the Highway Act, the Taxicab Act or the regulations, directives or decisions of the Board. ...