Sentences with phrase «civil code 580e»

The court declared only section 585 (obligation of support between married and civil union spouses) of the Civil Code unconstitutional and in violation of the Canadian Charter of Rights and Freedoms.

Later, the trial judge awarded landlord $ 324,533.50 in attorney's fees as the prevailing party under Civil Code section 1717 (based on a broadly - worded contractual fees clause).

Both the original lease and a settlement agreement had fees clause, so defendants moved for recovery of fees under Civil Code section 1717.

Simply put, ex-client was not the prevailing party under Civil Code section 1717 on his collateral attack action.

Civil Code section 1942.5 (g) permits a fee award to a tenant who prevails in an action for retaliatory eviction.

Tenant must have felt pretty good after winning $ 49,500 in attorney's fees under Civil Code section 1717 after Landlords voluntarily dismissed with prejudice a mixed contract / tort case after Tenant filed a summary judgment claiming that he was not a party to a leasing agreement and that his signature was forged on the document.

The provincial government support program here is not a contract of insurance but simply an innominate contract under Québec civil law, and is not subject to the rule of interpretation based on the reasonable expectations of the insured that applies to a contract of insurance as defined in the Civil Code.

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).

By cross demand, the Respondent claimed ownership of half of the Applicants» parking space by acquisitive prescription under the Civil Code of Québec.

Under Civil Code section 1717, a trial judge has wide discretion to deny attorney's fees where there are no clear, unqualified winning litigants such that the results are «mixed.»

Scoreboard «tie» approach to deciding Civil Code section 1717 «prevailing party» status rejected, with courts needing to determine if either side won their true litigation objectives for purposes of determining which party prevailed.

The subrogation claim, although potentially applicable to non-signatories, did not give rise to fee entitlement because nothing allowed cross-complainant to step in the shoes of any party to the construction loan agreement — so, if cross-complainant could not recover for fees, Bank could not either under either contractual interpretation or Civil Code section 1717 reciprocity principles.

Recent changes to Québec's Civil Code of Procedure have meant that judges are aggressively case managing these matters and moving them forward through the authorization stage quickly.

After a prior appeal in this same case, the plaintiff sought to recover prejudg ement and appellate attorney fees under Civil Code section 1717 (attorney fees provided by contract).

Some practitioners wrongly assume that under a civil code system, if there is no specific provision of law to deal with a specific issue, then it must be prohibited.

Pidgeon noted that Lemieux was doing a good job building a team to preside over implementing reforms to the Quebec Civil Code and was extremely concerned with the efficiency of the courts and judges.

To determine the validity of a contract in a case like this, the Dutch Civil Code requires a rather odd test.

Unless you have a clear win under a contractual fees clause, a trial judge has discretion to determine who the prevailing party is under Civil Code section 1717.

The length of this blog comment does not permit a description of the reasons provided for the rejection of the defences asserted in the Federal Court, namely why proof of Canadian domestic maritime law sufficed in the absence of proof of American law; why a legal unregistered mortgage under Canadian Maritime Law is opposable to a bona fide purchaser for value without notice; or why the mortgage need not be registered under the Quebec Civil Code.

This next case deals with contractual fee awards under Civil Code section 1717 and fees assessed against a party that lost a lis pendens expungement motion.

92.2 - 92.4), Quebec (see Civil Code of Quebec, SQ 1991, c 64, article 1974.1) and Nova Scotia (see Residential Tenancies Act, RSNS 1989, c 401, section 10F), and that a Bill (which is more encompassing) has been introduced in Ontario (Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015).

The Civil Code provides (1) a general provision concerning extraordinary change of circumstances as well as (2) a respective provision referring to project contracts, which is also applicable to construction contracts.

According to the Civil Code, the terms of a contract are not limited to its express wording but shall also include rules stemming from statutory law, the principles of community life and established customs.

As regards limitation periods relating to claims for defects made under the warranty provisions of the Polish Civil Code, see questions 22 and 29.

Surety moved for Civil Code section 1717 attorney's fees, with the trial judge awarding $ 13,985.80 in fees to surety.

The reason was that their claim was not «on the contract» under Civil Code section 1717 given that this statutory provision does not apply to fraud claims.

According to the Civil Code, a construction contract should be concluded in writing.

The statutory provisions applicable to the construction contracts are the Civil Code rules concerning (i) construction contracts, (ii) some provisions on project contracts that are applicable mutatis mutandis to construction contracts and (iii) general rules, including a general duty of the parties to a contract to cooperate with each other.

The trial judge then awarded $ 98,330.65 under Civil Code section 1717 to respondents.

Under California Civil Code 3294, a plaintiff may be awarded punitive damages if there is clear and convincing evidence that the defendant in their case is guilty of:

A prevailing alter ego defendant was awarded $ 134,469.36 out of a requested $ 353,047.50 in attorney's fees based on Civil Code section 1717 and the Reynolds case [one of our Leading Cases], but was denied recovery of fees for successfully defending on a fraud claim in a multi-phased trial.

The Civil Code Section under 1714.1 in California states that legal guardians or parents are liable for «Willful Misconduct.»

The trial judge awarded guarantors $ 389,712.95 as prevailing parties under Civil Code section 1717, which made the pro-Bank, unilateral fees clause reciprocal in nature.

This means that there is a much greater risk of a contract being deemed incomplete and therefore unenforceable under the common law contracting process than the civil code contracting process.

Therefore, in the civil code contracting process the contracting parties do not have to negotiate or agree their contract in detail, provided that they are prepared to accept the statutory standard contract terms.

Under California Civil Code § 3342, a dog owner is liable for damages suffered by any person bitten by the owner's dog while:

The Preliminary 20 - Day Notice, Mechanic's Liens and Stop Notices: California Civil Code sections 3097 & 3097.1 30 Dec 2010

Civil code contracting v common law contracting: The requirement for the contract terms to be complete (i.e. all the essential terms have been agreed by the parties) is a more significant issue for common law legal systems than civil code legal systems.

In fact, California Civil Code section 3342 makes the owner of a dog strictly liable for any dog bite from the moment that ownership begins.

This is because civil code legal systems are based upon a collection of codified laws set out in statutes which, generally, set out all the essential terms of the contracts which fall within their scope and these statutory terms automatically form part of the contract in the absence of the express agreement of the contracting parties to modify or disapply the terms.

It decided that this remedial fee - shifting statute should not be broadly interpreted by using «arising out of contract» language in Civil Code section 1717 to guide the construction of section 7168.

Three years ago, in 2014, Part 4 of the Civil Code of the Russian Federation «Intellectual Property Governing Law» was considerably amended.

[2] For example., s. 34.1 (5), (5.1) of the (Ontario) Evidence Act, R.S.O. 1990, c. E. 23, and s. 31.2 (1) of the Canada Evidence Act R.S.C., 1985, c. C - 5, and in Articles 2837 and 2874 of the Civil Code of Quebec, L.R.Q., c. C - 1991, and ss.

He concluded that most of the ECC did not present problems, BUT allowing a writing requirement to be satisfied by information accessible for subsequent reference was too drastic a departure from Quebec's rule — in the Civil Code and in the Act to establish a legal framework for information technology — that the essence of a «writing» in any medium had to be the integrity of the information.

According to the Civil Code of the Philippines, «every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons.»

What happened with the Civil Code of Quebec tends to show that the experience of the early 1990s should not be repeated.

This is, in a way, what a civil code has accomplished.

This is because Civil Code systems tend to be more rigid.

Thus, for there to be the equivalent of civil liability in civil law, under § 1457 of the Quebec Civil Code, there has to be:

Continue reading «Section 1717 and Prevailing Parties: Fourth District, Division One, Rules that Civil Code Section 1717's Prevailing Party Standard, Mutuality Principle, and Reasonable Fees Standard Apply to an Attorney's Fees Provision in a Consent Decree»»