Sentences with phrase «award of costs»

The Anglo - Canadian legal system has long recognized the possibility of awards of costs in civil cases being made against counsel personally, though only for egregious misconduct of the case.

The court's powers in respect of awards of costs were a strong incentive for parties litigating before the

We survive by doing high quality judicial review (JR) and other work, for which we are rewarded appropriately by awards of costs from defendants who have let our clients down.

The Supreme Court of Canada's decision in Quebec (Director of Criminal and Penal Prosecutions) v. Jodoin confirmed that award of costs personally against a lawyer is justified only where their actions have seriously undermined the authority of the courts or interfered with the administration of justice.

The Washington Supreme Court held that a full award of all costs and fees, including expert expenses, was justified where the surety compelled King County to assume the burden of legal action to obtain the benefit of the performance bond.

[63] I am ordering that E.F. Anthony Merchant, Q.C. be personally liable for the foregoing awards of costs, payable forthwith.

Furthermore, the burden on Mr. Galati and Mr. Slansky, to the extent that he was acting pro bono, has been relieved by the Federal Court's exceptional award of costs of $ 5,000, even though they were unsuccessful, so that they might not be out of pocket.

Justice Crighton noted that the Rules also contemplate an increased award of costs in complex matters (at para 31; Schedule C, Column 1, s 8 of the Rules).

We know that reserves are important to you, and so we run cases in a cost efficient manner and provide clarity of the likely costs to you and potential awards of costs against you.

The existing tools to deal with SLAPPs include motions for summary judgment, the defence of Responsible Communication and a punitive award of costs.

In a civil action involving a represented litigant where money, not liberty, was at issue, the court's award of costs in Voisey would have been entirely reasonable.

The husband cross-appealed the trial judge's award of costs against him of $ 15,000.

«The award of costs that is just and appropriate in the circumstances and would do justice between the parties is $ 3,500.»

an award of costs and attorney fees to prevailing parties if a meritless suit is dismissed (with an exception for the government); and

He said he was also «uncomfortable» with the idea that an award of costs should be treated as an order for compensation, as if it were a claim for damages.

I recognize that might appear to produce a curious result in that the award of costs is substantially greater than the damages that she recovered.

In general then, what this case demonstrates is the very real possibility for an award of costs against an unsuccessful plaintiff to be quite substantial.

In this case the extreme conduct of the Respondent merited an award of costs on an indemnity basis.

[17] The clear default position will be that, with respect to claims where the award is less than $ 25,000, the plaintiff will not be entitled to an award of costs.

The court found that as general proposition, trustees in bankruptcy should not be allowed to pursue litigation with immunity against personal liability for costs in the circumstances where there is no statutory duty to prosecute a litigation and the trustee knows or ought to know that there will likely be insufficient assets in the estate to satisfy an award of costs in the event the litigation fails.

The Tribunal Procedure Committee has agreed to amend the Upper Tribunal (Lands Chamber) Rules to cater for the award of costs in appeals in land registration cases, should the appellate route in those cases be allocated to the Lands Chamber, in response to the feedback.

By upholding the arbitrator's decision on costs, this decision appears to set a new precedent as to the award of costs in arbitration.

However, I am not persuaded in the circumstances of this case that the award of costs sought by the defendants is warranted.

Where one prevails, an award of costs can follow.

However, an award of costs against a non-party is unusual and exceptional, and should only be made in «special circumstances»: Anchorage Management Services Ltd. v. 465404 B.C. Inc., 1999 BCCA 771, 72 B.C.L.R. (3d) 389, at para. 21.

In this regard, I have also considered the time spent by Defendants» counsel on this matter, and the award of costs is less than 50 % of the time spent.

Section 29 of the Courts of Justice Act, provides that an award of costs in the Small Claims Court, other than disbursements, shall not exceed 15 per cent of the amount claimed unless the court considers it necessary in the interests of justice to penalize a party or a party's representative for unreasonable behaviour in the proceeding.

56 More recently, the Court in Animal Welfare applied Anchorage Management and Perez in setting aside an award of costs against the principal of a litigant company.

CCD does not seek an award of costs on this motion and requests that there be no costs awarded against it.

Unimpressed with the way the complainant brought the matter forward and by his lack of truthfulness, the adjudicator made an award of costs against the complainant personally in the same amount as the damage award.

The three cases considered by the Appeal Court featured the certain unreasonable behaviour said to justify the award of costs:

His order, of course, included an award of costs:

I am however prepared to make an award of costs significantly higher than the tariff to send a strong message to the mother that her disregard for the rules of court and the meticulous timelines set out at the case management conferences and her unilateral decision to fail to appear at the March 1, 2013 Hearing are totally unacceptable.

She is one of the very few lawyers in British Columbia to have successfully argued for an award of costs against the Superintendent in an IRP case.

The judgment of dismissal carried enough jurisdiction, so to speak, so that the award of costs was a proper incident to the trial court's power to adjudge the jurisdictional defense in the first instance.

[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).

As well, the fact that an award of costs against a party may wipe out their award of damages is not determinative.

Shortly after, an application was brought to compel Dr. Roger Watson, and his wife Janet Watson to appear for questioning without further payment of conduct monies and an award of costs for the application.

Based on offer of judgment sanctions, the client was permitted to request an award of costs and attorney fees of $ 65,000.

CACL will does not seek an award of costs on this motion and requests that there be no costs awarded against it.