Sentences with phrase «circumstances of the plaintiff»

In the circumstances of the plaintiff's denial, that evidence is insufficient to warrant an order for the production of the documents sought.

However, having regard to the circumstances of the Plaintiff's hiring in this case and the reasonable expectation that he had from the representations made to him at that time, a period of two months is grossly inadequate.

[22] Having regard to the range of non-pecuniary damages awarded in the cases cited by the parties, and the particular circumstances of the plaintiff, I find an award of $ 7,000 is appropriate.

Without an evidentiary bridge to the specific circumstances of the plaintiff, statistical evidence is of little assistance, which is why such general trends are not determinative in particular cases.

[93] The assessment of non-pecuniary damages depends on the particular circumstances of the plaintiff in each case.

Not exact matches

These facts and circumstances lead to the conclusion that defendant's effort was to so imitate the bottling and packaging of plaintiff's sauce as to readily deceive the unobservant consumer, while yet preserving a sufficient distinction between the two.

The circumstances of those layoffs rubbed salt in the wound, plaintiffs said: Notices were delivered to teachers» old addresses, sometimes to houses that no longer existed, and they directed teachers wanting to appeal the layoff to come to the School Board's building, which Katrina had destroyed.

However, in Dudenhoeffer v. Fifth Third Bancorp in 2014, the Supreme Court ruled that absent «special circumstances,» fiduciaries can not be held liable for failing to predict the future performance of the employer's stock, thereby setting a tough standard for plaintiffs to succeed.

There are additional circumstances that exist, which indicate that plaintiff's inability to maintain a minimum standard of living for herself and her dependent is likely to persist for a significant portion of the repayment period of the student loans; and

Plaintiffs thereupon brought this action claiming inter alia that defendants» exercise of the «due - on» clause in these circumstances constituted an unreasonable restraint on alienation within the meaning of Civil Code section 711, and that as a result they were damaged in the amount of the difference between what the Nolls owed them under the installment land contract and what they in turn owed Lassen on the original loan.

After being barraged by plaintiff attorneys and Hollywood celebrities, the EPA in its final report substituted its determination of no «widespread, systemic impact» with the hypothetical that fracking «can impact drinking water resources under some circumstances» and that «impacts can range in frequency and severity» depending on the circumstances.

In such circumstances, there no longer is double compensation, as it would be the benefit provider, and not the plaintiff, who actually enjoys the fruits of the claim.

Under these circumstances, he is taking advantage of [plaintiff's] counsel's mistake in precisely the manner that is disfavored by law, to say nothing of common decency.

Although the burden of proof remains with the plaintiff, in some circumstances an inference of causation may be drawn from the evidence without positive scientific proof.

However, eight of those reasons were circumstances that arose after the commencement of the action and were thus irrelevant to the analysis (the defendant's offer to settle; the defendant's failure to apply to move the action to the Small Claims Court; the defendant's denial of liability for the plaintiff's injury; the insurer's characterization of the collision as low impact; the exchange of 60 documents; the defendant's motion for a Rule 66 hearing and eventual removal; a Rule 28 examination of a witness; and the absence of expert evidence tendered by the defendant).

Common law punitive damages does require that a defendant act with «actual malice» toward a plaintiff or that he acted under circumstances that amount to «a willful and wanton disregard» of a plaintiff's rights.

Mr. Justice Willcock noted that, although this was a borderline case and a remedial costs order was appropriate to emphasise «the Court's concern with respect to the conduct of the Plaintiff» outright dismissal of the claim was too harsh a result in the circumstances.

In that case Justice Harvey concluded that the plaintiff exercised undue influence upon the deceased testator and that the circumstances surrounding the preparation of the will were suspicious.

[15] In the circumstances, it is my view that the plaintiff should be entitled to costs in accordance with the Rules of Court.

The duty of care owed by a defendant to a plaintiff depends upon the circumstances surrounding the accident.

Until recently, in Ontario, the Courts permitted the extension of a limitation period if the plaintiff could show that there was no prejudice to the defendant and that there were «special circumstances» justifying the exercise of the Court's discretion.

In reasons for judgment released today, the BC Court of Appeal overturned the order of a Master denying the defendant costs thrown away in circumstances where the plaintiff was successful in obtaining an adjournment of an impending trial.

There was a denial of liability in circumstances where normally liability would be admitted and it was reasonable for the plaintiff to wish to examine the defendant for discovery on the issue of liability — a procedure unavailable in Provincial Court.

However, all of this changed last year when the Ontario Court of Appeal released its decision in Joseph v. Paramount Canada's Wonderland, 1 a case in which, under Ontario's new Limitations Act, the plaintiff's attorney failed to issue the statement of claim within the limitation period.2 The Court of Appeal unanimously eliminated any discretion that the court had to extend limitation periods based on «special circumstances» and held, subject to only a few exceptions, that the expiry of the two - year limitation period in Ontario is a complete bar to a lawsuit.

Of importance, Justice Dixon noted at paragraph 335 of the decision in order to show the public that the plaintiff had been vindicated, a considerable award of damages was necessary for the circumstanceOf importance, Justice Dixon noted at paragraph 335 of the decision in order to show the public that the plaintiff had been vindicated, a considerable award of damages was necessary for the circumstanceof the decision in order to show the public that the plaintiff had been vindicated, a considerable award of damages was necessary for the circumstanceof damages was necessary for the circumstances:

In a post collision incident, the Plaintiff plead guilty to «surreptitiously unlawfully observing or recording for a sexual purpose a person in circumstances that give rise to an expectation of privacy contrary to s. 162 (1)(c) of the Criminal Code».

[9] In these circumstances, counsel for the plaintiff contends there was good reason to bring his action in this court as opposed to the Small Claims division of the Provincial Court.

There the judge declined to do so on the basis that the plaintiff had an honest belief that her case was meritorious and her failed allegations of undue influence and suspicious circumstances were not sufficiently reprehensible by themselves to give rise to special costs.

In all of the circumstances, the plaintiff / appellant exercised appropriate diligence in discovering the contamination claim.

The circumstances of the accident I find were very minor and did not provide corroboration for the injuries of the type that the plaintiff asserts.

In Binette v. Salmon Arm (City), 2018 BCCA 150, the court upheld the verdict of the trial judge finding the city liable to the plaintiff in negligence in circumstances where the plaintiff tripped over a protruding piece of metal from a city sidewalk.

The appellate court reversed the lower court on this issue, finding that the doctors did owe the third - party plaintiff a duty of care under these circumstances.

Furthermore, the circumstances of Boucher are such that the plaintiff was already being awarded large sums against several defendants.

Because the plaintiff undisputedly had the right of way under these circumstances, his attorney argued that the defendant was entirely at fault as a matter of law.

[20] I am satisfied on the evidence before me, particularly given the attitude demonstrated by Mr. Mitchell in his communications with Mr. Nazerali, that requiring the plaintiff to give notice to the respondents of this application would likely render the relief he seeks ineffective, and that it is appropriate in the circumstances for this application to be heard without notice.

Plaintiffs» counsel also pointed to 12 articles, the contents of public court record and an earlier procedural decision in the proceedings, which all referred to the circumstances of the accident.

The plaintiffs» lawyers, however, said they had no contact with the Toronto Sun about the facts of the case and had not discussed the circumstances of the accident with Mandel other than to say the information was in the public domain.

Having determined that, it then held that the plaintiff was required to make at least a prima facie showing of circumstances that would support her claim.

Because of the evidence of suspicious circumstances, the plaintiff has the burden of establishing on the evidence that Mr. De Araujo knew and approved of the contents and had testamentary capacity with respect to both of the 1995 and 1996 wills.

The Court of Appeal also determined that Rule 57.07 (1)(c), which deals with costs unnecessarily incurred as a result of a lawyer's conduct, did not apply as that rule is to be used only in exceptional circumstances and the conduct of plaintiffs» counsel in the case at bar was without reproach.

The particular circumstances of the case, which include the relative ages of the plaintiff and defendant, the relationship between the plaintiff and defendant, and the repetitive nature of the abuse, will be considered in relationship to the establishment of the egregiousness of the defendant's conduct and the severity of the plaintiff's resulting emotional distress.

While it might have been preferable had H recommended ILA to the plaintiff out of an abundance of caution, his failure to do so in these circumstances did not constitute a breach of fiduciary duty or negligence.

Keep in mind that if you settle a legal claim, it is agreed that the plaintiff will not be able to pursue legal action against the plaintiff, an important matter to consider depending on the circumstances of the case.

Despite the fact that the Personal Health Information Protection Act («PHIPA») 1 is a «lengthy and detailed statute» that comprehensively addresses «the collection, use, disclosure, retention and disposal of personal health information», 2 the Court affirmed that plaintiffs are still entitled to raise the common law tort for breaches of privacy in circumstances involving health information.

Finally, the Court of Appeal held that breach of warranty of authority could not be deployed in the circumstances as, even if such a breach existed, it could not have provided the AG with recoverable damages as the plaintiffs were impecunious.

This law was passed by the Florida Legislature in response to outcries of unethical and frivolous slip and fall lawsuits being filed by plaintiffs by shifting some of the burden of proving what had happened in the fall injury circumstances from the defendant to the plaintiff.

The plaintiff must prove that the defendant failed to behave with the level of care that a reasonable person in the same circumstances would have exercised, or violated a law or statute (negligence per se).

Personal injury actions require, in almost every instance, a lawyer's careful examination of the facts and circumstances of the particular matter in question in order to determine whether the defendant is legally responsible for the injuries sustained by the plaintiff.

[41] In these circumstances, permitting the plaintiff to succeed on a material contribution to risk basis meets the underlying goals of the law of negligence.

In my view such pursuits are part and parcel of the Plaintiff's obligations in an action against the tortfeasor by reason of the releases available to the tortfeasor under the Insurance Act and only in any compelling circumstances should the unsuccessful tortfeasor escape responsibility to indemnify the Plaintiff for the costs of such pursuits...