Sentences with phrase «apportionment of»

-LSB-...] live in a county where renting takes adult a smaller apportionment of one's paycheck than buying, according to a news expelled Thursday by genuine estate information organisation Attom Data Solutions.

Make sure your policy reflects excesses «per event» so that apportionment of excesses in multiple claim scenarios does not become over-complicated.

and put a notation on the invoice that the agreement explained and addressed that the buyer had in fact contracted to pay ALL, or an apportionment of the commission, confirming the invoice.

In making an equitable apportionment of marital property, the family court must give weight in such proportion as it finds appropriate to all of the following factors: (1) the duration of the marriage along with the ages of the parties at the time of the marriage and at the time of the divorce; (2) marital misconduct or fault of either or both parties, if the misconduct affects or has affected the economic circumstances of the parties or contributed to the breakup of the marriage; (3) the value of the marital property and the contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in value of the marital property, including the contribution of the spouse as homemaker; (4) the income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets; (5) the health, both physical and emotional, of each spouse; (6) either spouse's need for additional training or education in order to achieve that spouse's income potential; (7) the non marital property of each spouse; (8) the existence or nonexistence of vested retirement benefits for each or either spouse; (9) whether separate maintenance or alimony has been awarded; (10) the desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children; (11) the tax consequences to each or either party as a result of equitable apportionment; (12) the existence and extent of any prior support obligations; (13) liens and any other encumbrances upon the marital property and any other existing debts; (14) child custody arrangements and obligations at the time of the entry of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its order.

Mr. Anfuso has extensive experience in analyzing the financial, accounting and tax aspects of marital dissolution matters and civil litigation cases, including business valuations, Pereira apportionment of business interests... Click for profile.

The apportionment of child support obligations often depends on both parents» incomes and the custody arrangement.

The degree emphasized on proper apportionment of staffs and nurses.

Fund Switching: As a customer of a unit - linked plan, you may wish to modify the apportionment of the selected funds available in the plan to safeguard yourself from market volatilities.

Remember that the value of the cars will determine the outcome of an apportionment of liability i.e. if your car is not worth as much as the other car you may still lose, for example, you hit 2007 BMW in your 1994 Ford laser.

Vasanti Selvaratnam QC and James Shirley, instructed by Irvine Marr of Clyde & Co LLP, secure 80 - 20 apportionment of liability in favour of the owners of «ALEXANDRA 1» following the collision with «EVER SMART» off Jebel Ali in February 2015.

The circumstances in which a trial judge's apportionment of damages will be adjusted on appeal are also severely constrained.

The program would then calculate the division of property and apportionment of debt, applying the presumptive scheme required by provincial law, assuming property and debt remain in contention.

It's the average number of references per year, in reported cases, to my text Apportionment of Fault in Tort, in the 32 years years since it was published: 61 in total based on Carswell and CanLII.

in contrast with what some writers believe, post-tort fault on the part of the claimant should not result in, or be relevant to, the apportionment of damages;

No doubt wary of the current state of the law on apportionment of rents, M&S paid a full quarter's basic rent even though the landlord had only invoiced it for an apportioned amount up to the break date.

I don't know where I'd put it on a priorties list, but the area of law dealing with apportionment of financial responsibility amongst those responsible for loss needs a good airing.

Assessing and distributing damages One of the burning questions under this heading circles around the issue of the equitable apportionment of damages between a group of claimants who have suffered varying degrees of loss.

His employer argued that there should have been an apportionment of damages between the three causes of injury: namely the accident at work, the pre-existing degeneration and the second accident.

Subdivision (d) governs apportionment of private school tuition, summer camp and other unusual needs not reflected in the basic guideline amounts of support.

We located cases that had similar facts for him to refer to at the mediation and provided him with recent case law on the apportionment of liability under the Negligence Act.

No. 1910.16 - 5 or seeks an apportionment of expenses pursuant to Pa.R.C.P.

Tags: Anderson v. Kozniuk, Apportionment of Costs, bc injury law, Madam Justice Sharma, Negligence Act, Rule, Rule 9, Rule 9 - 1, Rule 9 - 1 (4), Rule 9 - 1 (5), Rule 9 - 1 (6) Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9 Direct Link Comments Off top ^

(6) Subsection (5) does not apply to a bylaw that was filed in the land title office before July 1, 2000 to the extent that the bylaw provides for the apportionment of contributions to a contingency reserve fund as a common expense according to type of strata lot, if that type of strata lot is a type identified in the bylaws of the corporation or a section.

Though there is room for reasonable disagreement in the apportionment of liability, it can not be said that the jury's decision is «so plainly unreasonable and unjust as to satisfy the Court that no jury reviewing the evidence as a whole and acting judicially could have reached it».

His experience includes such issues as loss and / or expense, certification, forensic quantum analysis, assessment and apportionment of damage, contractual interpretation and procedural matters.

Apportionment of Uninsured Health Care Expenses.

Keywords: Motor Vehicle Accident; Cyclist; Apportionment of Liability; Contributory Negligence Act, RSA 2000, c C - 27; Traffic Safety Act, RSA 2000, c T - 6; Reverse Onus Provision

But unfortunately the evidence is rarely so clear cut and because of the amount of money at stake in many fatal accident cases the insurers are likely to fight the claim if they believe there is a chance of avoiding liability or achieving an apportionment of liability.

Information regarding possible apportionment of the blame, especially including attorney - client privileged communications, is not discoverable by a party seeking to impose sanctions on an opponent or opposing lawyer under § 8.01 - 271.1 in light of the objective standard of reasonableness.

Application for an attachment order and apportionment of costs.

Because the apportionment of fault has meaningful implications for the financial outcome of a case — and, therefore, your recovery — it is essential that your lawyers be experienced in investigating accidents and demonstrating that other parties are at fault.

FFS HK Ltd. v. «P.T. 25» (The), 2010 BCSC 1675: Acted as co-counsel to a senior member of the firm in defending a vessel owner for a claim for damages arising from a spill of bunkering fuel and successfully arguing that its apportionment of the damages be set at 50 %.

Generally speaking, the adjusters will negotiate amongst themselves, in the absence of the motorists, and make an internal decision at ICBC on the apportionment of liability between the motorists.

When two or more vehicles are involved in an accident and the issue of liability is contentious, ICBC will assign an adjuster to each motorist to determine the apportionment of liability between the motorists.

On the topic «Reimbursement and allocation of costs», Celeste Salinas Quero will focus on the apportionment of costs ordered by arbitrators under the SCC Rules from 2007 and forward.

structured settlement brokers on the apportionment of personal injury awards and the use of special needs trusts in conjunction with structured settlements;

Additionally, he has performed services regarding various other family law issues including allocation of interest in pension plans and apportionment of interests in real property (Moore / Marsden calculations) and other special projects.

I am not prepared to extend the meaning of «apportionment of liability» to include liability to pay the damages awarded in a proceeding.

This apportionment of fault is based on negotiations between the personal injury attorney and insurance adjuster if the case is settled out of court or by the jury if the case goes to trial.

Although we were not able to find out from the jury what led them to reach that apportionment of fault, we strongly suspect that they found the other driver's driving while intoxicated to be significantly more egregious that our client taking his eyes off the road to steady his groceries.

solving the problem, peculiar to our age, of increasing technicality, of a fair apportionment of the risks inherent in modern technological production

In addition, and remarkably (at least to me), the trial judge justify his / her conclusion that apportionment of fault was not permitted by stating that the defendant's counsel had signed the minutes of settlement that let the (by trial) non-party out of action.

The case hinged on the apportionment of Mr McDonald's pension.

Perhaps a well - timed Pt 36 or Calderbank offer by one of the defendants on apportionment of liability of, say, a third each would have prevented the matter getting to the initial trial, let alone to the Court of Appeal with three silks being instructed.

This apportionment of the financial judgment applies even if one of the parties responsible for the injury is insolvent, unable to pay, barred by law from being sued, or even is unidentified.

«Reining in Remedies in Patent Litigation: Three (Increasingly Immodest) Proposals» proposes that injunctions be unavailable over FRAND - pledged SEPs, advocates apportionment of the disgorgement of an infringer's profits that a design patent holder can seek (this approach would have taken care of a substantial part of the damages issue in Apple v. Samsung, for example), and finally — which is the most ambitious part but makes a lot of sense to me — elaborates in the form of a «thought experiment» on an idea Judge Posner tossed out a few month ago: for a «wide swath of U.S. patent cases» it might be preferable to avoid juries.

The firm: Founded in 1860, WeirFoulds has acted on some of the most significant litigation and commercial matters in Canada, including the dispute between Canada, Ontario, and Quebec over the apportionment of assets of the former Province of Canada and the first international arbitration in which Canada represented itself (the Hague North Atlantic Fisheries Arbitration).

[7] In Mudry v. Minhas, 2010 BCSC 1110, Kelleher J. discussed apportionment of an award of costs for relative success on an issue under the then Rule 57 (15).

Our expertise has been recognized by the courts as we acted as defense counsel in some of the leading cases that resulted in legal precedent by the Supreme Court of Puerto Rico in areas such as prescription of tort actions, the extent of Plaintiff's burden of proof and case in chief in a premise liability case, as well as the apportionment of comparative negligence in trip and fall accidents involving stationary fixtures.

Justices Bastarache and Arbour, writing for the majority, envisioned a balancing of the objectives set out in s. 15.2 (6) of the Divorce Act which seek an equitable apportionment of the economic consequences of the marriage and its breakdown between spouses, with the objectives, which flow from s. 9 of the Divorce Act, being finality, certainty and the autonomy of spouses to make their own agreement (Miglin at para 67).