Mr. Justice Greyell recently issued a decision, S.D.H. v. T.H. 2016 BCSC 780, which reminds us of the test for
cost awards in the Supreme Court of British Columbia.
There is a strong case for arbitral institutions to recognise and reflect on the public policy issues that lay behind the exclusion of all funding elements from
costs awards in civil litigation.
Given discretion is so wide it is no wonder that a City partner recently confided to me that he approached
costs awards in arbitration with the same fear as a naturist being asked to operate a barbecue.
Furthermore, causation may be a ground for limiting the amount of
the costs awarded in the exercise of discretion.
«Partial indemnity» is defined as «
costs awarded in accordance with Part I of Tariff A».
Let us remember the feeding frenzy from that particular case alone:
the cost award in the Supreme Court amounted to # 35m.
A two - week trial may result in
a costs award in excess of $ 100,000.
One notable thing: Both parties brought motions prior to the hearing of the appeal (the wife brought a motion seeking to prevent the husband from being able to file responding materials in light of an outstanding
costs award in her favour, and both parties brought fresh evidence motions).
However, even this precedent does not fully explain the high
costs award in Voisey.
Even so,
the costs awarded in Voisey exceed
the costs awarded in the preceding case, Rain.
The Court was careful to specify that Mr. Leon Lam was not required to pay for his courtroom behaviour alone — instead, Mr. Lam's corporate associates and co-litigants are among those who will bear responsibility to pay the special
costs awarded in this matter.
Wagner v. Best of Chinese Medicine, September 19, 2013, Deputy Judge Steven H. Skolnik, (Unreported),
Costs award in excess of 15 % «cap» on small claims court matters
NOTE: We've previously written about
costs awards in British Columbia by disciplinary tribunals.
«
Costs awards in a criminal case remain rare,» wrote Justice Paul Rouleau.
In his written submissions, Mr. Garrett's counsel referred to aspects of relief requested by Marineland that were not granted as well as other factors that he argued justified
a costs award in Mr. Garrett's favour.
m) What is the average
cost award in an interlocutory matter, in a trial?
The defendant moves for security for costs against Bruno on the basis of two outstanding
costs awards in his favor and on the basis that the action is frivolous and vexatious.
The judgment and
cost award in Coldwell's favor was reversed, and the case was remanded for further proceedings.
I acted for a housing association defending a disrepair claim which resulted in
a costs award in my client's favour in excess of # 30,000.
[44] While the Court of Appeal in Perez v. Galambos, 2008 BCCA 382, recognized the jurisdiction to make
a costs award in relation to a non-party, the Court observed that such an award is unusual and exceptional, and should only be made in «special circumstances» (at para. 17).
In todays» Blog we briefly touch on two cases that concern
costs awards in family law litigation.
That is true to some extent — counsel gets to choose strategy and tactics, what witnesses to call, what documents to present and so on — but the courts need to control for delay, bullying, and to some extent costs (to the parties, separately from
the costs awards in the first paragraph.)
Conducted a jury trial for the defence and received a jury verdict less than the defendant's offer to settle thereby receiving
a costs award in favour of the defence.
Stay tuned for the upcoming decision on the previous
cost award in what may be the final chapter in the Boily saga.
(3) Did the motion judge misapprehend the evidence regarding whether the father would receive any payment towards
his costs award in the bankruptcy?
Not exact matches
«The
award of
costs that is just and appropriate
in the circumstances and would do justice between the parties is $ 3,500.»
A Quebec Superior Court judge
awarded a group of Dunkin' Donuts franchisees $ 16.4 million
in damages, plus legal
costs, after ruling that parent company Dunkin' Brands failed to heed 15 years» worth of warnings that Tim Hortons was poised to topple the U.S. chain's long - held dominance of the Quebec market.
The decision, handed down Wednesday by Nova Scotia Supreme Court Judge Mona Lynch, rejects O'Leary's attempt to dismiss the suit or move it to another jurisdiction, and
awarded $ 3,500
in costs to the Canadian Lebanese Chamber of Commerce and Industry.
BriefCam, Ltd.,
in which the Company has a $ 3.1 million investment reported
in the Company's consolidated financial statements at
cost basis, recently announced 100 % revenue growth
in 2017, the release of its next generation video content analytics platform and receipt of Security Today's 2018 Platinum Govie
Award for video analytics.
Summit Power Group LLC, which was
awarded $ 450 million
in stimulus grants by the Energy Department under the Obama administration, spent $ 1.3 million on «unallowable
costs» including spa service, alcohol, first - class travel, limousine services, catering on a private jet and travel expenses to attend a charity event, according to the department's inspector general.
Regardless of what happens to the cash price of a United ticket, an
award ticket will
cost one of two possible amounts: a «saver» level price
in miles, and a «standard» price.
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.
Pell Grants may be
awarded up to $ 5,920, depending on the
cost of attendance, financial need, enrollment status, and time
in school.
This
award will defray some of these
costs, the Justice Department said
in a news release.
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.
Danielle was recognized with the WaterKeeper's Environmental Achievement
Award in 2000 for her outstanding achievements protecting California waters from pollution and compelling polluters to assume the
costs of environmental degradation.
Awarded to the ETF that has done the most to improve investor opportunities and outcomes
in 2017, by providing access to interesting areas of the market, lowering
costs, delivering new exposures or otherwise creating better results for investors.
Adjusted EBITDA is defined as net income / (loss) from continuing operations before interest expense, other expense / (income), net, provision for / (benefit from) income taxes;
in addition to these adjustments, the Company excludes, when they occur, the impacts of depreciation and amortization (excluding integration and restructuring expenses)(including amortization of postretirement benefit plans prior service credits), integration and restructuring expenses, merger
costs, unrealized losses / (gains) on commodity hedges, impairment losses, losses / (gains) on the sale of a business, nonmonetary currency devaluation (e.g., remeasurement gains and losses), and equity
award compensation expense (excluding integration and restructuring expenses).
Under the DBSP, conditional
awards or nil - cost options, or the DBSP Awards, may only be granted to participants who have earned a bonus, pursuant to our annual bonus plan, for the financial year immediately preceding the financial year in which the grant date o
awards or nil -
cost options, or the DBSP
Awards, may only be granted to participants who have earned a bonus, pursuant to our annual bonus plan, for the financial year immediately preceding the financial year in which the grant date o
Awards, may only be granted to participants who have earned a bonus, pursuant to our annual bonus plan, for the financial year immediately preceding the financial year
in which the grant date occurs.
A DBSP
Award will be granted over such number of shares as have at the grant date a market value, as determined by our board of directors, equal to the deferred bonus (the amount of bonus which is to be delivered in the form of a conditional award or a nil - cost opt
Award will be granted over such number of shares as have at the grant date a market value, as determined by our board of directors, equal to the deferred bonus (the amount of bonus which is to be delivered
in the form of a conditional
award or a nil - cost opt
award or a nil -
cost option).
And given that Mr. Hogan has had financial ups and downs, the
cost of the hundreds of motions his lawyers made is significant, and the chances the
award is significantly reduced based on previous cases he lost making the same claims
in federal court, it's hard to completely understand the motivations at play.
A competitive bidding process derives
cost savings by
awarding contracts to those — whether private companies or
in - house staff — that can demonstrate they can provide services at the lowest
cost.
When my husband and I launched our letterman jacket
awards company more than a decade ago, we carefully designed the
cost structure
in a way that we won under almost any scenario.
That power was originally
awarded to the Fed
in 2006 to allow it, starting
in October 2011, to reduce banks»
cost of meeting statutory reserve requirements.
The reasons are their
award travel
costs less
in comparison to the other rewards programs.
Blue Sky's share price, he said, «largely reflects the expected future revenues Blue Sky will generate and future
costs incurred
in managing the underlying private fund investments and investment mandates we have been
awarded».
For over 25 years, the DuPont
Awards for Packaging Innovation has honored packaging design ideas that demonstrate excellence
in innovation, sustainability, and
cost / waste reduction — whether or not DuPont materials played a role.
WILMINGTON, Del. — Dec. 8, 2011 - The jury charged with selecting winners
in DuPont's 24th
Awards for Packaging Innovation brings decades of experience
in delivering innovative,
cost - savings solutions and sustainability ideas to the global packaging industry.
In his seven years as president, President Houshmand has implemented many programs and initiatives to decrease the cost of higher education, including creating a $ 25,000, four - year bachelor's degree program, awarding more than $ 27 million annually in scholarship funds and waivers, and committing to capping tuition and fee increases at or lower than the rate of inflation for his tenur
In his seven years as president, President Houshmand has implemented many programs and initiatives to decrease the
cost of higher education, including creating a $ 25,000, four - year bachelor's degree program,
awarding more than $ 27 million annually
in scholarship funds and waivers, and committing to capping tuition and fee increases at or lower than the rate of inflation for his tenur
in scholarship funds and waivers, and committing to capping tuition and fee increases at or lower than the rate of inflation for his tenure.
WILMINGTON, Del., May 16, 2016 — DuPont has announced its 2016
Awards for Packaging Innovation, recognizing companies that have responded to worldwide demand for improvements
in customer product experiences and sustainability, and incorporated simpler messaging and
cost - efficient production technologies.