Sentences with phrase «available in the court action»

The Trial Judge dismisses Horizon's application; refuses to «read in» a cap or maximum quantum of damages available in the court action.

Not exact matches

The Copyright Office says (emphasis mine), «If registration is made within three months after publication of the work * or prior to an infringement of the work *, statutory damages and attorney's fees will be available to the copyright owner in court actions.

An MoJ spokesperson commented: «Any action to disrupt the courts is unacceptable and we are taking all necessary steps to ensure legal representation is available for defendants in criminal cases.

[13] At para. 57 in Honda v. Keays, the Supreme Court of Canada confirmed the general damages allocated in wrongful dismissal actions are confined to the loss suffered as a result of the employer's failure to provide notice and that no damages are available to the employee for the actual loss of his or her job and / or the pain and distress that may have been suffered as a consequence of having been terminated.

It noted that a trial judge's discretion is not unlimited, that there was no authority for awarding damages under the CSPA to class plaintiffs who had suffered no injury, and that the lower courts ignored the clear distinction in the CSPA between the kinds of damages available in an individual action and the actual damages available in a class action.

In dismissing the plaintiff's action, the court agreed held that the reasonableness of a lawyer's impugned conduct will be assessed in light of the time available to complete the work, the nature of the client's instructions and the client's experience and sophisticatioIn dismissing the plaintiff's action, the court agreed held that the reasonableness of a lawyer's impugned conduct will be assessed in light of the time available to complete the work, the nature of the client's instructions and the client's experience and sophisticatioin light of the time available to complete the work, the nature of the client's instructions and the client's experience and sophistication.

While PTAB proceedings feature detailed inter partes procedures comparable to those available in federal court actions, the applicable standard for construing disputed claims is different.

[10] And, quite apart from avoiding the multiplicity of actions — the mischief sought to be avoided by s 8 of the Judicature Act and R 1.3 of the Alberta Rules of Court, a proposition for which there is also ample case authority — the chambers judge properly adhered to the urging of the Supreme Court of Canada in Hryniak v Mauldin, 2014 SCC 7 (CanLII), [2014] 1 SCR 87 to the effect that courts are obliged to resolve legal disputes in the most cost - effective and timely method available, provided the process selected ensures fairness between the parties.

Remind me again why data on all actions initiated in our court system, which could easily be aggregated / anonymized, (say, types of claims, time to disposition meaning resolution by trial, settlement, dismissal or otherwise, without identifying the parties), and not just reported decisions are also not widely available?

Therefore, the High Court passed undertakings by which traders committed not to «create the false impression that the consumer has already won, will win or will on doing a particular act win, a prize or equivalent benefit, when in fact taking any action recommended by the [trader] in relation to claiming the prize or other equivalent benefit is subject to the consumer paying money or incurring a cost which is either: (a) a substantial proportion of the unit cost to the defendant of the provision to the consumer of the thing described as a prize or other equivalent benefit; or (b) in the case of a charge stated to be for delivery and insurance, used by the defendant to finance in whole or in part its acquisition, handling or other cost of the making available of that thing, other than the actual cost of its delivery to the consumer and insurance (if any) in transit» (account rendered by the CJEU in C - 428 / 11 at para 20, emphasis added).

For companies domiciled in Switzerland or other parties wishing to avert an impending lawsuit abroad in Switzerland or before Swiss courts, the option of action for a negative declaratory judgement is now available as a valid option, at least in international cases.

Webinar Date: December 8, 2010 — Litigating a patent case in Canada: Steps to expect in a typical action before the Federal Court More information and audio / visual presentations are available.

Depending always on the facts, remedies can be available to terminated employees by bringing court actions for wrongful dismissal (where generally the length of time employed is a critical factor in assessment of damages); or by employment standards proceedings for unpaid wages3.

We will be able to answer your questions regarding your case, discuss your available options with you, advise you of the best legal action for you to take and provide you with skillful and aggressive representation of your case in court if you choose to work with us.

However, punitive damages are available in very limited situations wherein the court determines that the defendant's actions amounted to more than a mere accident and were actually intentional or extremely reckless in nature.

Section 127 of the Courts of Justice Act defines «the prejudgment interest rate» as «the bank rate at the end of the first day of the last month of the quarter preceding the quarter in which the proceeding was commenced».11 Nevertheless, the court examined s. 128 (1) and (2) of the Courts of Justice Act and described that prejudgment interest has two default rules: one for non-pecuniary loss in personal injury actions, and another for all other awards where prejudgment interest is available.

The full version of the report — which was available via Hulu.com last week but has since been withdrawn — discloses that NBC gave the story only five minutes — an eternity now, but not remarkable for a major story of the day in 1979 — before moving on to a report on that day's argument in the U.S. Supreme Court in the affirmative action case of United Steelworkers of America v. Weber:

In a decision issued on July 27, 2015 but not yet published (but available here as a PDF), the Federal Court of Canada has certified a class action against the Government of Canada for disclosing the personal health information of participants in the «Marihuana Medical Access Program» in a botched mailout that was intended to advise program participants about changes to the regulation, which ironically where said to protect privacy and safetIn a decision issued on July 27, 2015 but not yet published (but available here as a PDF), the Federal Court of Canada has certified a class action against the Government of Canada for disclosing the personal health information of participants in the «Marihuana Medical Access Program» in a botched mailout that was intended to advise program participants about changes to the regulation, which ironically where said to protect privacy and safetin the «Marihuana Medical Access Program» in a botched mailout that was intended to advise program participants about changes to the regulation, which ironically where said to protect privacy and safetin a botched mailout that was intended to advise program participants about changes to the regulation, which ironically where said to protect privacy and safety.

The class action, which was filed in Quebec City and authorized on February 8, 2017 by the Quebec Court of Appeal, is intended to establish that Université Laval and its employees, as part of their teaching and research activities, infringed the patrimonial and moral rights recognized under the Copyright Act by reproducing copyrighted literary, dramatic and artistic works, making them available and communicating them to the public without permission from the copyright owners or their representatives, by failing to identify the creators of the work and by infringing the integrity of the work.

The options available to defendants to break up, remove, transfer, or dismiss some or all of these multi-plaintiff state court actions have grown, but the plaintiff lawyers keep coming up with arguments for why their cases should stay put in the form and forum of their choosing.

The court asks: would the facts available to the officer at the moment of the search warrant a man of reasonable caution in the belief that the action taken was appropriate?

The Supreme Court of Canada has ruled that class actions are available even in provinces or territories that have not enacted class action legislation.

Should family court intervention and professional counseling prove ineffective, the realistic option of civil legal action, as a last resort, should be made available in all states as a significant deterrent of future parental alienation behavior.

a court must not hear the application unless the applicant has indicated in writing that the applicant has received information from a family counsellor or family dispute resolution practitioner about the services and options (including alternatives to court action) available in circumstances of abuse or violence.

If you seek to apply for an exemption relating to family violence or child abuse, you may need to obtain information from a family counsellor or family dispute resolution practitioner about the services and options (including alternatives to court action) available to you in circumstances of abuse or violence.

(a) the applicant indicates in writing that the applicant has not received information about the services and options (including alternatives to court action) available in circumstances of abuse or violence; and

Should Therapist be subpoenaed, or ordered by a court of law, to appear as a witness in an action involving Client, Client agrees to reimburse Therapist for any time spent for preparation, travel, or other time in which Therapist has made him / herself available for such an appearance at Therapist's usual and customary hourly rate of $ 90.00.