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India: Timelines For Deciding Jurisdictional Objections Under §16 Of The Arbitration & Conciliation Act 1996: Surender Kumar Singhal V Arun Kumar Bhalotia - Tuli & Co

§16 of the Act provides that a Tribunal is empowered to decide questions relating to its own jurisdiction. §16(5) of the Act provides that a Tribunal "shall decide on a plea" regarding its...
Tags: News, India, Tribunal, Kumar Singhal V Arun Kumar Bhalotia Tuli


Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about. For this last week: 1. Cybulsky v. Hamilton Health Sciences, 2021 HRTO 213 (CanLII) [113] This Tribunal stated in Moore v. Ferro (Estate), 2019 HRTO 526 (“Moore”) at para. 183, that in certain circumstances, it is a violation of the right to be free from discrimination protected under Part I of the Code where ...
Tags: Law, Francis, Tribunal, Ontario, Moore, Cura, Wednesday: What's Hot on CanLII, Ananda, Hamilton Health Sciences, Degiorgio, Breault, Aviva Insurance Canada, CLPA, Ferro Estate, Cybulsky, In Moore the Tribunal


An Expert Explains: Behind the Tata-Mistry feud, the crossed wires of history

The Supreme Court has set aside a Tribunal ruling that had reinstated Cyrus Mistry as Executive Chairman of Tata Sons. Tracing the history of the Tata, Wadia and Mistry families, leading to the ongoing conflict. Written by Coomi Kapoor Ratan Tata with Cyrus Mistry, whose removal as Tata Sons Exceutive Chairman has led to a long legal battle. (PTI File photo) For fresh insight into the high-stakes billion-dollar Tata-Mistry corporate battle, which set off tremors in the Bombay Stock Exchange...
Tags: Supreme Court, Law, Life, India, BJP, Industry, Tribunal, Ratan Tata, Tata, PTI, Cyrus, Dara, Atal Bihari Vajpayee, Indira Gandhi, Vajpayee, Cyrus Mistry


Australia: Tribunal accepts that ATO employment no longer contributes to mental health problems in worker - HBA Legal

Tribunal considered ongoing liability in respect of an ongoing psychological condition that was sustained at work.
Tags: News, Australia, Tribunal, ATO


UK: UK Tax Round Up - February 2021 - Proskauer Rose LLP

The Upper Tribunal in Foojit v HMRC dismissed the taxpayer's appeal against the First-tier Tribunal's decision and agreed with the FTT that enterprise investment scheme relief was not available for a class of shares owing to the mechanics ...
Tags: UK, News, Hmrc, Tribunal, Proskauer Rose LLP, Upper Tribunal in Foojit


Australia: NAB call centre off the hook over psychological condition claim - HBA Legal

The Tribunal found that non-work stressors were primary causes of the onset or aggravation of his depressive disorder.
Tags: News, Australia, Tribunal


Australia: Employee succeeds in compensation claim for netball injury during NAIDOC Week - HBA Legal

The Tribunal needed to consider if the injury arose out of, or in the course of, her employment with Services Australia.
Tags: News, Australia, Tribunal


Australia: Tribunal overturns Comcare liability for shoulder injury in Centrelink worker - HBA Legal

The Tribunal found that the weight of the expert evidence did not support the worker's claimed mechanism of injury.
Tags: News, Australia, Tribunal, Centrelink, Comcare


For Crying Out for a Remedy

Lawyers tend to get excited when the courts create a new tort, and for good reason. The judiciary is reluctant to instigate such reform to the common law absent compelling facts, and a strong societal need for them to do so. In Seneca College v. Bhadauria, the Court of Appeal found that a cause of action existed for the tort of discrimination, on the basis that the Ontario Human Rights Code, 18 I regard the preamble to the Code as evidencing what is now, and probably has been for some consid...
Tags: Law, Court, Toronto, Canada, Commission, Court of appeal, Rivers, Tribunal, Ontario, Ward, Legislature, Boucher, Aziz, RCMP, Supreme Court of Canada, Caplan


University Accommodations for Admissions

A post-secondary education, for most Canadians, is a gateway and a pre-requisite to a better future. Additional education is especially important during difficult economic times, in particular after the loss of a job. In 2011, Statistics Canada concluded a long-term impact study on post-secondary education, concluding that those who obtained this education found a $7,000 increase in annual salary. This held true even for those who lost their jobs due to the 2008 recession, for most of the partic...
Tags: Law, Court, University, Canada, Universities, Court of appeal, Tribunal, Disabilities, Waterloo, Dunsmuir, University of Waterloo, Statistics Canada, Ontario Court of Appeal, Dalhousie, Substantive Law: Judicial Decisions, Divisional Court


UK: Court Of Appeal Decides That Jersey Companies Were UK Tax Resident - Proskauer Rose LLP

In HMRC v Development Securities, the Court of Appeal (the "CA") has overruled the Upper Tribunal and agreed with the First-tier Tribunal that the relevant...
Tags: UK, News, Hmrc, Tribunal, Upper Tribunal, Development Securities the Court of Appeal


Australia: Tribunal gives hope to small businesses that have been refused JobKeeper - Holding Redlich

Jobkeeper rules provide a streamlined decision-making process, to permit quick and flexible assessment of applications.
Tags: News, Australia, Tribunal, Redlich


Tribunal Finds No Link Between Disability and Dismissal

Written by Daniel Standing LL.B., Editor, First Reference Inc. Neil Patzwald was an engineer who worked at FMC Corporation from March 2011 to September 2013. His short tenure was marked by multiple lengthy absences for medical reasons, disagreements with his superiors about his abilities and suitability for his position-culminating in an acrimonious end to the employment relationship. Since it became apparent the employee had a disability, the case became centered on the employer’s duty to acco...
Tags: Law, Disability, Employment law, Discrimination, Tribunal, Dismissal, Daniel, FMC, Substantive Law: Judicial Decisions, Case Comment, Prince George British Columbia, Substantive Law, Duty To Accommodate, Columbia Human Rights Tribunal, FMC Corporation, British Columbia Human Rights Code


Australia: Tribunal finds significant relationship between lateral epicondylitis and computer use - HBA Legal

Employers must have strong evidence to refute any causative link between lateral epicondylitis and repetitive activities.
Tags: News, Australia, Tribunal


Australia: Tribunal finds headaches are not an injury - HBA Legal

In the absence of any physiological change, her chronic daily headache was not an injury for the purposes of the SRC Act.
Tags: News, Australia, Tribunal


Australia: Back compensation claim fails for former pasta maker - HBA Legal

Flare-ups were not aggravations of the pre-existing degenerative condition, so the Tribunal found in favour of Comcare.
Tags: News, Australia, Tribunal, HBA


India: WAIVER OF RIGHT TO OBJECT IN AN ARBITRATION: Brief Takeaways From The Judgment Of Supreme Court Of India In Quippo Construction Equipment Ltd V Janardan Nirman Pvt Ltd - RPV Legal

The Apex Court on 29th April, 2020 in Quippo Construction Equipment Limited v. Janardan Nirman Pvt. Ltd has ruled that a party cannot challenge/question the venue of the arbitration and contend the jurisdiction of the Tribunal at a later stage.
Tags: News, India, Tribunal, Quippo Construction Equipment Limited, Janardan Nirman Pvt Ltd


Australia: JobKeeper claims for sole traders - Holding Redlich

This decision of the Tribunal might help sole traders who feel that they have been unfairly denied JobKeeper payments.
Tags: News, Australia, Tribunal, Redlich, JobKeeper


Discouraging Sexual Harassment Through Human Rights

Damages before the Human Rights Tribunal have historically been modest, especially when compared to similar cases before the Superior Court of Justice. The system was transformed considerably in 2006 after Bill 107, Human Rights Code Amendment Act, which allowed the Tribunal to award higher damages starting in 2008, by removing the $10,000 limit on compensatory awards for mental anguish. Under the current provisions in s. 45.2 of the Code, the Tribunal may make any order to compensate the applic...
Tags: Law, Gm, Tribunal, Ontario, Wilson, Fair, NK, Superior Court of Justice, Substantive Law: Judicial Decisions, Human Rights Tribunal, Am, Hamilton Wentworth District School Board, Ontario Human Rights Review, Tribunal Access, Solis Mexican Foods Inc Partridge, Botony Dental Corporation Silvera


UK’s ICO faces legal action after closing adtech complaint with nothing to show for it

The UK’s data watchdog is facing a legal challenge after it took the decision to quietly close a complaint against the adtech industry’s high velocity background trading of personal data. The legal challenge was reported earlier by Politico. The original complaint — challenging the adtech industry’s compliance with Europe’s General Data Protection Regulation (GDPR) — was filed to the ICO in September 2018 by Jim Killock, executive director of the Open Rights Group, and Michael Veale, a lectur...
Tags: Google, Europe, UK, London, Advertising Tech, Tech, Ireland, Belgium, Data Protection, Tribunal, European Parliament, Adtech, Gdpr, Open Rights Group, Ico, University College


UK: Crossing The Line? A Restrictive Covenant Upheld To Protect A Neighbour's Outlook - Charles Russell Speechlys LLP

The Tribunal refused to discharge or modify a restrictive covenant which prevented a house being built in front of a certain building line.
Tags: UK, News, Tribunal, Charles Russell Speechlys


United States: Episode 188 – A View From Mayer Brown - Mayer Brown

Nick is joined by Chris Milsom from Cloisters to discuss preparing for Tribunal hearings which are being conducted remotely.
Tags: News, United States, Tribunal, NICK, Mayer Brown, Chris Milsom


Europe’s top court limits bulk surveillance by member states

The European Union’s top court dealt a blow to bulk surveillance regimes in member nations, especially the UK, France, and Belgium. In a ruling on Tuesday, the European Court of Justice held that mass surveillance exercises to safeguard national security don’t exempt member states from complying with EU law. The court pronounced two separate but similar and closely linked judgments in three separate cases: one for a UK case and a joint one for a French and Belgian case. The UK case was brought b...
Tags: Travel, Europe, UK, News, France, Eu, European Union, Belgium, Privacy International, European Court Of Justice, Tribunal, Mass Surveillance, Caroline Wilson, UK France, Investigatory Powers Tribunal, FDN


Coronavirus Australia live update: hopes rise for New Zealand bubble as budget looms – latest news

The government will announce tax and deregulation measures on Friday, as declining Covid-19 cases offer hope for economic revival. Follow all today’s news Tax breaks ahead in the budgetCovid-19 aged care provisions ‘insufficient’Full Australian Covid stats; Covid restrictions state by stateNSW cases map; Vic cases map 11.06pm BST These never seem to get any better.With 5 days to go until #Budget2020, it was good to sit down and chat with PM @ScottMorrisonMP about the importance of this year’...
Tags: Business, Australia, Australia news, Australian politics, Queensland, New South Wales, New Zealand, Victoria, Scott Morrison, Daniel Andrews, Tribunal, Annastacia Palaszczuk, Australian economy, Josh Frydenberg, Patrick, Vic


Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about. For this last week: 1. Elias Restaurant v. Keele Sheppard Plaza Inc., 2020 ONSC 5457 (CanLII) [34] The Landlord’s counsel takes some umbrage at the allegation of racism against his clients, and submits that there is nothing in the record to establish that the Landlord or Manager were racially motivated. Motiva...
Tags: Landlord, Law, Court of appeal, Tribunal, Saskatchewan, Henry, Harvey, Fla, Michel, Graydon, Wednesday: What's Hot on CanLII, Le Tribunal, Srougi, Iacobucci, Hiemstra, Elias Restaurant


Australia: Tribunal finds applicant exaggerated symptoms - HBA Legal

Summary & discussion about recent personal injury case where the applicant was found to have exaggerated symptoms.
Tags: News, Australia, Tribunal


Nigeria: Tax Appeal Tribunal Rules On Tax Deductibility Of Demurrage Payments, School Fees & Other Items - Andersen Tax LP

On 28th February, 2020, the Tax Appeal Tribunal ("TAT" or "the Tribunal"), sitting in Lagos, delivered a ruling in the case of Tetra Pak West Africa Limited ("Tetra Pak" or "the Company")...
Tags: News, Nigeria, Tetra Pak, Tribunal, Lagos, Tax Appeal Tribunal TAT, Tetra Pak West Africa


Belarus crowds defy heavy military presence to demand end to Lukashenko's rule

Huge crowds of protesters on Sunday flooded the Belarusian capital of Minsk, braving a massive deployment of forces to urge strongman Alexander Lukashenko to quit power. More than 100,000 people are estimated to have taken to the streets over the past three weekends and Sunday's event may have been larger still. Troops, water cannon, armoured personnel carriers and armoured reconnaissance vehicles were deployed to the city centre but protesters from all walks of life - from parents with chil...
Tags: Europe, News, Putin, Russia, Eu, European Union, West, Moscow, Belarus, Estonia, Opposition, Tribunal, Alexei Navalny, Minsk, Alexander Lukashenko, Lukashenko


Sexagenarian Firefighter Forced to Hang Up Hose

Written by Daniel Standing LL.B., Editor, First Reference Inc. In many cases, the choice of when to retire is based on a variety of factors, including lifestyle, priorities and other circumstances. Sometimes the decision to stop working is an easy one, while others prefer to continue working as long as possible. But what happens when an employee’s retirement is not a choice but is a requirement of his or her pension plan? Is it discriminatory? This issue came before the Human Rights Tribunal of...
Tags: Supreme Court, Law, Canada, New Brunswick, Employment law, Age Discrimination, British Columbia, Edward, Alberta, Calgary, Tribunal, Potash, Manitoba, Nilsson, Daniel, Aziz


Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Canadian Combat Sports Law Blog 2. Canadian Securities Law 3. SOQUIJ | Le Blogue 4. RT Blog 5. Family Health Law Blog Canadian Combat Sports Law Blog Is Nevada Doing “Violent Bob R...
Tags: Law, Canada, Ufc, Espn, Nevada, Tribunal, Luis, Pena, Bob Ross, Poulin, Monday’s Mix, SOQUIJ, Innovation Science and Industry, Khama Worthy, Nevada Athletic Commission NAC, CBCA CBCA