Sentences with phrase «awarded full indemnity costs»

While there is discretion given to the judge not to award the full indemnity costs to the moving party, the financial risk for the plaintiff is very real and must not be ignored.

Not exact matches

You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration and legal costs on a full indemnity basis), claims, actions and any other losses or liabilities suffered by Us and arising from or relating to Your use of the service, information and / or other material posted on the Service by You and / or arising from or due to any breach of contract, any tortious act and / or omission and / or any breach of statutory due by You.

If the matter fails to meet the test, the court should dismiss it with full indemnity costs awarded to the defendant.

If the court does not wish to punish a party on the basis of full indemnity for costs, it may still award a certain percentage of special costs.

In Hicks v. Hicks, 16 E.T.R. (2d) 179, Mr. Justice Shaw awarded full indemnity for costs against the defendant, as a result of his reprehensible conduct in exercising undue influence over his elderly mother.

«In my opinion, the surreptitious and dishonest conduct of Edward was so highly reprehensible as to warrant an award of full indemnity, that is, solicitor and own client costs.

Daboll wanted his costs paid on a full indemnity basis, asking Superior Court Justice Richard Lococo to award him $ 57,000, arguing that DeMarco unduly lengthened the trial.

The courts are increasingly awarding full indemnity for costs against parties who fail to prove such claims.

Limit on cross-examinations 7 (1) Subject to subsection (2), cross-examinations on any documentary evidence filed by the parties shall not exceed a total of seven hours for all plaintiffs in the proceeding and seven hours for all defendants (2) A judge may extend the time permitted for cross-examination on documentary evidence if it is necessary to do so in the interest of justice Costs on dismissal 8 (1) If a judge dismisses a proceeding under this section, the moving party is entitled to costs on the motion and in the proceeding on a full indemnity basis, unless the judge determines that such an award is not appropriate in the circumstaCosts on dismissal 8 (1) If a judge dismisses a proceeding under this section, the moving party is entitled to costs on the motion and in the proceeding on a full indemnity basis, unless the judge determines that such an award is not appropriate in the circumstacosts on the motion and in the proceeding on a full indemnity basis, unless the judge determines that such an award is not appropriate in the circumstances.

If a defendant is successful in having a libel action dismissed on this basis, there is a presumption of costs being awarded on a full indemnity basis, the statute says.

Therefore, courts may scrutinize costs awards that come close to full indemnity.

The Ontario Courts of Justice Act provides for full indemnity for a successful applicant (defendant) but no guarantee of costs to be awarded to the plaintiff if the application to dismiss fails.

He added the case is «one of those rare, exceptional, or unusual cases where an award of costs on a full indemnity basis is warranted.»

Costs can range from a partial indemnity all the way up to a full indemnity, and the power to award costs is discretioCosts can range from a partial indemnity all the way up to a full indemnity, and the power to award costs is discretiocosts is discretionary.

According to Prof. Farrow of Osgoode, the supposed reason why courts only award partial and substantive indemnity costs, as opposed to full costs, is that litigants are also engaging the judicial system as a form of public service.

If the lawsuit is a SLAPP, then the plaintiff can be penalized and the defendant made whole by way of an award of costs on a full indemnity basis.

Perhaps the dismissal of a SLAPP lawsuit should be such a situation where full indemnity costs are awarded.

If the action is dismissed, the legislation provides for costs to be awarded on a full indemnity basis and allows the motion judge, if the court finds the action to have been brought in bad faith or for an improper purpose (i.e. a SLAPP), to order damages to be paid by the plaintiff to the defendant.

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.