Not exact matches
A fine balance It is
accepted that there is always a balance to be struck on a summary judgment application between the risk of injustice to the
claimant and the injustice of subjecting defendants to the
time and costs of a claim that is fanciful in approach and amount.
The Interim Federal Health Program (IFHP) was introduced in June 1957 to provide temporary health, vision and dental insurance to all refugee
claimants and resettled refugees, up until the
time they were either
accepted as refugees and were eligible for provincial health care, or if not
accepted, until they had exhausted their legal options to remain in Canada.
Naive personal injury
claimants accept lowball offers all the
time.
From a non-profit perspective, «we would be putting out all that money and
time and the reality is if the process isn't going to
accept the
claimant's application, it's money that could have been used for a person who would fit within the claim parameters,» adds Big - Canoe.
The judge was only prepared to
accept that for a short
time after car accident, the
claimant would have found his usual recreational and social activities less enjoyable than before the accident injuries exacerbated his chronic condition, but that within six months post-accident he was not prevented from participating in the activities to the same extent he had prior to the accident.
In these circumstances, it appears that the judge will focus on what the
claimant, as a well - informed individual would expect to be told, rather than whether the defendant had advised in accordance with a practice
accepted at the
time as proper by a responsible body of that specific profession.
This in itself might persuade
claimants to
accept a settlement offer early in proceedings instead of waiting a much longer
time in the hope of recovering more in tribunal.
If you
accept that it is your responsibility to settle the dispute, consider how you can create a payment schedule to transfer funds, over
time, to the
claimant.
As discussed previously, in the Miriuwung Gagerrong case the issue of extinguishment is, for the first
time presented to the court with the
claimants» connection fully argued and
accepted.