Sentences with phrase «as a representative plaintiff»

On January 24, 2018, British Columbia Supreme Court certified Nickel v. Weyerhaeuser Company Limited as a class proceeding and appointed Barbara Sirett and David Biggs as the representative plaintiffs of the class.

The Plaintiff class consisted of 171 Air Ontario pilots, five of whom were appointed as representative Plaintiffs.

As representative plaintiff Mr. Weldon received and acted on all of Class Counsel's requests for information.

Thankfully, CBC also reports that brave Ottawa resident Eliot Shore has stepped forward as the representative plaintiff in a class - action suit led by Charney Lawyers and Sutts, Strosberg.

On March 7, 2011, the proposed representative plaintiff in the Dodd action in B.C. filed an amended claim purporting to remove himself as the representative plaintiff and substituting Jane Dixon, a new representative plaintiff for the B.C. resident class, and Loretta McFadzean, representing a non-resident class.

The couple attempted a class - action lawsuit against Stiles, but was denied certification over their inability to act as representative plaintiffs due to their catastrophic injuries.

He acts as the representative plaintiff in a $ 1.75 billion class action against the Government of Canada, the Canadian Wheat Board and Canada's two largest railway companies CN and CP, alleging that 100,000 Western grain growers were overcharged for grain transportation for a quarter century.

It seems there should be a «too stupid / ignorant to serve as a representative plaintiff» defense.

Not exact matches

Having been informed that plaintiff Frances Mackey died in 2003, we have substituted her son Sterling Odom as a party in his capacity as personal representative of her estate.

The plaintiff is seeking: A declaration that upon a true and proper interpretation of the provisions of the 1992 Constitution, particularly Articles 88 (5), 218 (a) and (e), 284 and 287 thereof, the 1st defendant can not act as the legal representative for Honourable Kenneth Nana Yaw Ofori Atta, the Minister of Finance of the Republic of Ghana, in a pending investigation bordering on conflict of interest and abuse of office before the 2nd Defendant; A further declaration that the purported response filed by the 1st Defendant on behalf of the said Honorable Kenneth Nana Yaw Ofori Atta in respect of the petition concerning conflict of interest and abuse of office before the 2nd Defendant is unconstitutional, null and void and of no effect whatsoever;

The suit was filed on May 2, 2012 by 20 plaintiffs, led by Vincent Agu, who had sued for themselves and as representatives of the victims of the war, «including the 493 victims pre-enumerated by the Ministry of Defence through RSB Holdings.»

In the Originating Summons marked FHC / ABJ / CS / 232/2018, the plaintiff 8 issues for determination by the court, including: Having regards to the combined provisions of sections 79,116,118,132,153,160 (1) and 178 of the 1999 constitution as amended, the constitution read together with paragraph 15 (a) of the third schedule to the same constitution, whether the 3rd defendant (Independent National Electoral Commission) is not the only institution or body constitutionally vested with the powers and vires to organized, undertake and supervised elections to the offices of the president, the vice president of the federal republic of Nigeria, the Governor and deputy governor of a state, the membership of the Senate, the House of Representatives and the House of Assembly of each state of the federation, including fixing the sequence and dates of the elections to the said offices?

YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

YOU AND HBO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

The parties agree that either party may bring claims against the other only in his / her or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

The Statement of Claim filed by the proposed representative Plaintiff alleges, among other things, that Goodlife violated employment standards legislation and its contracts of employment with Class Members by requiring, permitting and / or suffering Class Members to work hours above those scheduled, including hours both above and below the overtime threshold, but failing to appropriately compensate Class Members as required for all hours worked.

Both the trial judge and the Court of Appeal held that the case was adversarial, and was not being brought for the benefit of or in the interests of the plan as a whole, but for the particular class of plan members representative by the plaintiffs.

The proposed representative plaintiff, Carrie Eklund, worked for Goodlife as a personal trainer at Goodlife's Bathurst and Richmond club in Toronto from November 2014 until August 2015.

But in allowing the tobacco class action to go forward (so long as a «representative plaintiff» for the class meets Prop. 64's rigid requirements), the California Supreme Court rejected Big Business's view of the law.

You may only resolve disputes with us or Participating Attorneys on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

As part of the no - admission deal, Merchant Law Group gets $ 75,000 to cover its legal fees, while representative plaintiff Patrice St. Arnaud gets $ 1,000 «for his time and effort in his capacity,» according to the settlement agreement.

George et al. v. Newfoundland and Labrador 2013 NLTD (G) 170 Evidence — Opinion evidence — Expert evidence — General — When expert evidence required The representative plaintiffs commenced this class action on January 5, 2011, for damages in respect of personal injuries as a result of moose - vehicle collisions in Newfoundland and Labrador (the defendant).

That the representative plaintiff has suffered the same alleged injuries as the rest of the proposed class

As a result of plaintiff's contentious discovery disputes and unethical discovery abuses, the trial court denied the plaintiff's request to depose the human resource representative.

TORONTO, Aug. 13 / CNW / — This is to announce that today the law firms of Stevenson LLP and Bogoroch & Associates have been instructed to commence a class action on behalf of the representative plaintiffs, Giuseppina Santoro and Gianfrano (John) Santoro for damages sustained by the residents, homeowners and business persons as a result of the explosions which took place on Sunday, August 10, 2008 at the premises of Sunrise Propane Energy Group Inc..

He then volunteered to be the representative plaintiff despite the fact that, as a current Cominco employee, he had apprehensions about the impact of suing Cominco on his employment at Cominco (to Cominco's credit, it turned out not to have any effect on his employment).

At our press conference in Vancouver, West Coast LEAF and BCPIAC were joined by Debbie Henry, a representative of organizational plaintiff Single Mothers» Alliance of BC, as well as by individual plaintiff Nicole Bell.

To the extent that extrinsic restrictions on class actions — i.e., limits on the ability of representative plaintiffs to appeal certification orders (as in Baker), and jurisdictional restrictions on bringing cases in «plaintiff - friendly» jurisdictions (as in Bristol - Myers)-- were tightened, class actions will become harder to maintain and litigate.

(2) Nothing in this section precludes the defendant making the payment from demanding, as a condition precedent to such payment, a release from the plaintiff or the plaintiff's personal representative or any other person to the extent of such payment.

Since the Court has determined that it is appropriate for the case to be treated as a class action, the representative plaintiffs will not formally notify other class members and explain how to be part of the class action.

Now, a plaintiff can testify that a written vehicle repair estimate, prepared by an insurer or its authorized representative is admissible, without the testimony of the preparer of the estimate, as evidence of the authenticity and the fairness and reasonableness of the estimate that you would otherwise need.

To commence a competition law class action a representative plaintiff must first obtain leave («certification») to commence the action as a class action after which, if certification is granted, the action proceeds on the merits.

According to the details released so far, the representative plaintiff was working as an office associate at a Wal - Mart in Massachusetts — a state which has recognized same - sex marriage since 2003.

A proposed representative Plaintiff will need to satisfy the following requirement for the lawsuit to be certified as a class action: the pleadings must disclose a cause of action, there must be an identifiable class, the claims of the class members must raise common issues, a class action would be preferable for the resolution of the common issues, and there is a person willing to be appointed representative plaintiff who would fairly and adequately represent the interests of the class and has produced a workable plan for advancing the proposed clasPlaintiff will need to satisfy the following requirement for the lawsuit to be certified as a class action: the pleadings must disclose a cause of action, there must be an identifiable class, the claims of the class members must raise common issues, a class action would be preferable for the resolution of the common issues, and there is a person willing to be appointed representative plaintiff who would fairly and adequately represent the interests of the class and has produced a workable plan for advancing the proposed clasplaintiff who would fairly and adequately represent the interests of the class and has produced a workable plan for advancing the proposed class action.

We have participated in many complex tort class proceedings, and have acted as plaintiff and defence counsel in a wide variety of representative actions.

THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH»S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND / OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.

This time with Dixon and McFadzean as proposed representative plaintiffs, the same individuals who were not permitted to become the named plaintiffs in the Dodd action.

Daniels et al. v. Canada (Minister of Indian Affairs and Northern Development) et al. 2016 SCC 12 Administrative Law — Constitutional Law — Courts — Indians, Inuit and Métis Summary: The plaintiffs sought declarations (a) that Métis and Non-status Indians were «Indians» within the meaning of the expression «Indians and lands reserved for Indians» in s. 91 (24) of the Constitution Act, 1867; (b) that the Queen (in right of Canada) owed a fiduciary duty to Métis and Non-status Indians; and © that the Métis and Non-status Indian peoples of Canada had the right to be consulted and negotiated with, in good faith, by the federal government on a collective basis through representatives of their choice, respecting all their rights, interests and needs as Aboriginal peoples.

YOU AND LEGALZOOM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL.

However, the issue has been somewhat muddied by Lupsor Estate v. Middlesex Mutual Insurance Co., [2003] O.J. No. 1038, in which the defendant was sued both as an insurer of the plaintiff and as a proposed representative of the defendant class.

YOU AND SPOTIFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

Alisha Koubi, the representative plaintiff, claims that quality security features such as door locks were a central component of her decision to purchase a vehicle, given that she travelled between sites with her laptop and confidential documents for her job [paras. 9, 13 - 14].

YOU AND SimplyInsured AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Seeking a challenging claims representative position in which I can utilize the skills and experience I have gained in 18 years of involvement in and handling of property and casualty claims in a variety of roles; as a multi-line claims representative, subrogation and recovery, and with a plaintiff's firm.

Joseph P. Day Realty Corp. v. Chera (308 A.D. 2d 148)- broker's complaint for commissions reinstated where questions of fact exist as to whether broker was the procuring cause of a commercial tenant and if there was an implied contract which arose from landlord's acceptance of the benefits of broker's services; broker must plead and prove a contract of employment, express or implied, and in the absence of an express contract, an implied contract may be established in some cases by the mere acceptance of the labors of the broker; broker failed to establish that it was a third party beneficiary of lease agreement between landlord and tenant where provisions in lease merely provided for indemnification between the parties and did not expressly set forth that one party would be obligated to pay the broker's commission; indemnification provisions in the lease agreement do provide evidence of implied contract of employment with landlord where landlord agreed to indemnify tenant against brokerage commission claims from all brokers including plaintiff and where, to the contrary, tenant's reciprocal indemnification excluded plaintiff; triable issues of fact exist as to whether broker was the procuring cause where broker introduced the parties, showed the space to tenant's representatives, was involved in weekly negotiations with the parties over the lease terms, conveyed offers on behalf of tenant to landlord and participated in the meeting with the landlord and tenant at which the lease terms were finalized