Sentences with phrase «award costs against»

(ii) the certificate may be taken into account by a court when determining whether to make an order under section 13C of the Act referring the parties to family dispute resolution or to award costs against a party under section 117 of the Act.

Note: When an applicant files one of these certificates under subsection (7), the court may take the kind of certificate into account in considering whether to make an order referring to parties to family dispute resolution (see section 13C) and in determining whether to award costs against a party (see section 117).

In principle, the Commission considered that Tribunals should be given power under the Arbitration Ordinance to award costs against a third party funder, i.e. an adverse costs order.

It can be seen from the Court of Appeal's decision in Galganov that courts should be reluctant to award costs against lawyers personally.

The Competition Act contains several provisions designed to prevent strategic litigation, including a prohibition on cases proceeding where the Commissioner is investigating or has settled a matter, as well as provisions setting out the ability of the Tribunal to award costs against any party, the right of the Commissioner to intervene in proceedings, and a one - year limitation on the commencement of proceedings from the cessation of the conduct being questioned.

He says the decision to award costs against Kennedy reflects an approach that treats this tradition of caution as no longer justified because of the culture shift mandated by the Supreme Court of Canada in Hryniak v. Mauldin.

In addition, a Judge may award costs against you for failing to be properly prepared at court.

In exercising his discretion to award costs against a losing party (s. 63 of the Act), he construed «other costs» in s. 59 (1)(c) of the Act as including the cost of litigation funding.

The recommendations included legislative changes to permit judges to award costs against unsuccessful plaintiffs and provide protection to end users of products from patent infringement lawsuits.

The courts» power to award costs against a lawyer personally is not limited to civil proceedings, but criminal also, and can sometimes be exercised against defence lawyers, though rare.

This article suggests that a significant number of benefit appeals could be avoided if that tribunal was given the power to award costs against public authority parties where they have behaved unreasonably.

Dhir or E. Mark Keohane was to blame for initiating the squabble, he would resist the urge to award costs against each counsel under Rule 10.49, and instead directed the parties to bear their own costs.

It should cost you $ 15 + time - unless you loose quite badly - in which case its conceivable the court could award costs against you (I don't know if this is true of the small claims court in NY).

In what is certainly the most significant decision regarding the court's ability to award costs against non-parties in over 45 years, the Ontario Court of Appeal has clarified the source of the court's jurisdiction to award costs against non-parties and the applicable tests to be applied.

If you miss this deadline, the case may proceed without you, or the courts can award costs against you for delaying the proceeding.

The indication is that if the model claim form is not used, provided late and either not completed by the claimant or poorly completed, the Tribunal may rely on this as justification to award costs against claimants.

55 This Court summarized the jurisdiction to award costs against a non-party in Perez, where Madam Justice Rowles said:

Senator Mark's counsel, Ken Ikonne and the Independent National Electoral Commission (INEC) lawyer Johnson Usman as well as the People's Democratic Party (PDP) counsel, Chris Alechenu had told the Court that section 285 (5) of the 1999 constitution was clear on the fact the day of declaration of an election result should be included in the days allowed for the filing of a petition before a court, urging the appellate court to dismiss the appeal and award cost against the appellate.

The motions judge also subsequently awarded costs against Affinia on a «substantial indemnity» basis, relying on a rule in Ontario's rules of civil procedure which applies where a party has acted unreasonably in responding to a motion for summary judgment.

In other words, the winning party will generally be awarded costs against the losing party.

But now the firm will have to hand over a large chunk of that amount, around $ 100,000 after a new ruling awarded costs against the firm itself for its behaviour.

Junior counsel representing the aunt in public law children proceedings; the aunt obtained a placement order and was awarded costs against the local authority.

Such costs are often awarded, but Myers instead awarded costs against the defendant because the defendant had not provided information and documents, as he had been directed to do by the court, in a timely manner.

It relied on a number of factors, including that the tribunal had awarded costs against the commissioners because of their «serial failures to comply with the time limits in the tribunal rules and its directions», which «hamper the administration of justice and can prejudice the other party».

(For example, the BC College of Teachers involves a one - way costs system — costs can be awarded only against a respondent — but perhaps as a result, a practice has evolved such that historically, panels have not awarded costs against respondent teachers except to sanction conduct during a proceeding that is deserving of rebuke.)

Although Justice Crighton applied the Alberta Rules of Court and relied on precedent in awarding costs against Mr. Voisey, the unusually high amount of costs can not be completely explained using the Rules and case law.

However, it is important to note that Justice Crighton's decision did not only follow the Alberta Rules of Court, but also relied on Alberta precedent for awarding costs against an unsuccessful self - represented habeas corpus applicant.

Did the application judge err in awarding costs against Marjolein and not the estate, or err in the amount awarded?

The motion judge held that the repetition of these accusations, which had already been rejected in court, justified awarding costs against Mr. Best on a full indemnity scale.

Not exact matches

The ruling in favour of Mars Canada this week also upheld a lower court judge's hefty costs award against Aizic Ebert and his two Toronto companies for «brazenly» breaching earlier settlements of the dispute.

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Daily Harvest, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the «Daily Harvest Parties»), from and against all actual or alleged Daily Harvest Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided to you.

Elneny at # 5m is far better value for money than Xhaka and Mustafi who cost around # 65m combined.Elneny along with Monreal was outstanding against West Brom whilst Xhaka and Mustafi were at best bang average.How on earth the ref did not award a penalty for the clear foul on JJR is beyond me.Unfortunately Mustafi was culpable yet again when he committed himself to a ball, landed on his backside and was bailed out by the watchful Monreal.

If you are involved in an incident causing injury or property damage that was (or is alleged to have been) your fault your insurance cover may indemnify you in respect of the legal costs of defending a third party claim and any resulting damages awarded against you.

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Spokesperson for the retired soldiers Ex WO 1, Samuel Darkwa, told Joy News, the cost awarded against the GAF is an indication that he and his colleagues have a good case.

After the judgment, the EFCC lawyer, Idris Mohammed, urged Justice Hassan to award a cost of N5m against Ogungbeje for wasting the judicial time of the court with his application.

Meanwhile, at the Thursday's proceedings, the presiding judge, Justice Adeyinka Oyinloye, awarded a punitive cost of N20, 000 against SaharaReporters, after its lawyer, Mr. Stanley Imhanruor, from Femi Falana's chambers, withdrew a motion he had earlier filed on behalf of his client.

Counsel for Saraki, Mr. Babatunde Olomu, who had said he was not opposed to the withdrawal of the motion, had earlier urged the judge to award a cost of N1m against SaharaReporters and Sowore.

A cost of 5,000 dollars has been awarded against Mr Woyome who was seeking to defend the judgement paid to him by the State.

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11.5 You undertake to indemnify us and keep us at all times fully indemnified from and against all actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision our legal costs), awards and damages however arising directly or indirectly as a result of any breach or non-performance by you of any of your undertakings, warranties or obligations under these terms and conditions.

For example, a judge in a recent injury case regarding a young girl with life changing injuries has awarded up to # 23m in compensation and care costs against the driver who negligently crashed into the car the girl was travelling in, killing her mother.

In today's world where cross country travel often costs less than $ 400, and award seats are scarce, it may make sense for reward card holders to start weighing the benefits of airline cards against those of reward cards that offer cash back or a generous statement credit.

It will almost certainly involve paying a fee and also has a small risk of having costs awarded against you.

There are also additional fees (unless you qualify for them to be waived) and a chance of having the bank's potentially substantial costs awarded against you if you aren't in the small claims system.

For claims up to # 5,000 it's very likely you'll be allocated to the small claims system meaning costs shouldn't be awarded against you.

Just because you are with a claims handler, even a no win no fee, it is unlikely to mitigate the risks of claiming — in other words that you can lose your fee and if you're not in the small claims track there is a potential to have costs awarded against you.

The liability portion of homeowners insurance covers you against lawsuits for bodily injury or property damage that you or family members or pets cause to other people, as well as court costs incurred and damages awarded.

Redemptions are done against an award chart which lists the cost for each type of flight, either based on zones, countries, or distances.

Likewise, if you're frequently required to pay for your own Virgin Atlantic tickets between the US and the UK, you may save money by redeeming Flying Club miles against the fare portion of your ticket's cost, thanks to their quite good award availability.