Sentences with phrase «costs against counsel»

[13] The real issue, instead, is who should hear an application for costs, following a mistrial, when the dominant focus of that cost application is an order for special costs against counsel for the party that caused the mistrial.

The fact that the dominant, if not overwhelming, focus of the defendant's application is an order for special costs against counsel is patent from the submissions of the parties as well as from the materials and authorities that each has filed...

Dhir or E. Mark Keohane was to blame for initiating the squabble, he would resist the urge to award costs against each counsel under Rule 10.49, and instead directed the parties to bear their own costs.

Not exact matches

Counsel for Saraki, Mr. Babatunde Olomu, who had said he was not opposed to the withdrawal of the motion, had earlier urged the judge to award a cost of N1m against SaharaReporters and Sowore.

Senator Mark's counsel, Ken Ikonne and the Independent National Electoral Commission (INEC) lawyer Johnson Usman as well as the People's Democratic Party (PDP) counsel, Chris Alechenu had told the Court that section 285 (5) of the 1999 constitution was clear on the fact the day of declaration of an election result should be included in the days allowed for the filing of a petition before a court, urging the appellate court to dismiss the appeal and award cost against the appellate.

Christy said his own studies suggest there is little that U.S. policymakers could realistically do to curb climate change, and he counseled against regulation that might increase energy costs.

(1) Before executing a contract or agreement with or receiving money or other valuable consideration from a buyer, a credit services organization shall provide the buyer with a written statement containing: (a) A complete and detailed description of the services to be performed by the credit services organization for the buyer and the total cost of the services; (b) A statement explaining the buyer's right to proceed against the surety bond or surety account required by section 45 - 805; (c) The name and address of the surety company that issued the bond or the name and address of the depository and the trustee and the account number of the surety account; (d) A complete and accurate statement of the buyer's right to review any file on the buyer maintained by a consumer reporting agency as provided by the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq.; (e) A statement that the buyer's file is available for review at no charge on request made to the consumer reporting agency within thirty days after the date of receipt of notice that credit has been denied and that the buyer's file is available for a minimal charge at any other time; (f) A complete and accurate statement of the buyer's right to dispute directly with the consumer reporting agency the completeness or accuracy of any item contained in a file on the buyer maintained by the consumer reporting agency; (g) A statement that accurate information can not be permanently removed from the files of a consumer reporting agency; (h) A complete and accurate statement of when consumer information becomes obsolete and of when consumer reporting agencies are prevented from issuing reports containing obsolete information; and (i) A complete and accurate statement of the availability of nonprofit credit counseling services.

The Consulting Agreement with Northern Lights Compliance Services, LLC («NLCS») provides that the Registrant agree to indemnify and hold NLCS harmless from and against any and all losses, damages, costs, charges, reasonable counsel fees, payments, expenses and liability arising out of or attributable to the Trust's refusal or failure to comply with the terms of the Agreement, or which arise out of the Trust's lack of good faith, gross negligence or willful misconduct with respect to the Trust's performance under or in connection with the Agreement.

The Fund Services Agreements with Gemini Fund Services, LLC («GFS») provides that the Registrant agrees to indemnify and hold GFS harmless from and against any and all losses, damages, costs, charges, reasonable counsel fees, payments, expenses and

The Underwriting Agreement between the Trust and Northern Lights Distributors, LLC («NLD») provides that the Registrant agrees to indemnify, defend and hold NLD, its several officers and directors, and any person who controls NLD within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which NLD, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) any omission, or alleged omission, to state a material fact required to be stated in any Registration Statement or any Prospectus or necessary to make the statements in any of them not misleading, (iii) the Registrant's failure to maintain an effective Registration statement and Prospectus with respect to Shares of the Funds that are the subject of the claim or demand, or (iv) the Registrant's failure to provide NLD with advertising or sales materials to be filed with the FINRA on a timely basis.

The Underwriting Agreement between the Trust and Ceros Financial Services Inc. («Ceros») provides that the Registrant agrees to indemnify, defend and hold Ceros, its several officers and directors, and any person who controls Ceros within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which Ceros, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) the breach of any representations, warranties or obligations set forth herein, (iii) any omission, or alleged omission, to state a material fact required to be

Representation of Mr Maksimov at interlocutory hearings and, as sole counsel, at a 4 - day Commercial Court contempt trial in October 2014 at which the main allegations against Mr Maksimov were dismissed and the claimant was ordered to pay 80 % of his costs (PJSC VAB v. Sergei Maksimov [2014] EWHC 3771 (Comm)(liability for contempt); [2014] EWHC 4370 (Comm)(costs)-RRB-.

Served as trial counsel for a major national manufacturer in a lengthy NLRB proceeding in which the client prevailed on bad faith bargaining, secondary boycott and threat of violence charges against the Teamsters Union, secured three separate federal court injunctions against the Union and won an unprecedented award of attorneys» fees and litigation costs [reported at 334 NLRB No. 137]

(iii) within one month of receipt of such costs the solicitor will pay to counsel the amount recovered in respect of his / her fees, such sum to be set off against counsel's entitlement to normal fees by virtue of this agreement.

Representation of Mr Maksimov at interlocutory hearings and, as sole counsel, at a 4 - day Commercial Court contempt trial in October 2014 at which the principal allegations against Mr Maksimov were dismissed and the claimant was ordered to pay 80 % of his costs (PJSC VAB v. Sergei Maksimov [2014] EWHC 3771 (Comm)(liability for contempt); [2014] EWHC 4370 (Comm)(costs)-RRB-.

Costs awards against counsel, even in small amounts, would quickly end wasteful and delaying tactics.

although Attis deals with this issue in the context of a class proceeding, the decision underscores the importance of certain «best practices» that can be applied universally by litigation counsel to insulate against a client's claim for costs indemnification.

Attis represents important appellate Court guidance for the class action bar as, prior to Attis, certain decisions, most notably Poulin v. Ford Motor Co. of Canada, earmarked class counsel as a potential payment source for defendants in situations where the plaintiffs were unwilling or unable to cover costs ordered against them.

On September 10, 2010, Cullity J. ordered plaintiffs» counsel to indemnify the plaintiffs for the costs awarded previously against the plaintiffs in favour of the AG.

In case any such action is brought against an Indemnified Party, and it notifies the Indemnifying Party of the commencement thereof, the Indemnifying Party will be entitled to participate in, and, to the extent that it may wish, jointly with any other Indemnifying Party similarly notified, to assume the defense thereof, subject to the provisions herein stated, with counsel reasonably satisfactory to the Indemnified Party, and after notice from the Indemnifying Party to the Indemnified Party of its election to so assume the defense thereof, the Indemnifying Party will not be liable to the Indemnified Party under this Section 9 for any legal or other expenses subsequently incurred by the Indemnified Party in connection with the defense thereof other than reasonable costs of investigation.

Where a litigant thereby understands the applicable Rules of Professional Conduct, and is instructed to recognize and document instances of unprofessional or vexatious conduct by opposing counsel, there should be clear cost consequences in court against the party shown to be engaging in such conduct, in addition to any reprimands or other disciplinary actions that might be instituted by the governing professional body.

Junior counsel representing the aunt in public law children proceedings; the aunt obtained a placement order and was awarded costs against the local authority.

«The appellant maintains that, by its nature, a tax on criminal defence legal fees will, at some level, be prohibitive or at the very least act as an impediment to or will interfere with the right to counsel since the additional cost of the tax to an accused will interfere with the financial resources available to mount a defence to the charges brought against him or her,» wrote Tax Court of Canada Justice Brent Paris, summing up the firm's case.

Not only does this metric provide insight as to the efficiency of each attorney within the legal function, but it also provides a useful comparison against which to measure outside counsel costs and hours spent per matter.

In the case at bar, counsel for the Plaintiff sought to recover the cost of premiums for an adverse costs insurance policy purchased by the Plaintiff to insure against the Plaintiffs» own disbursements, as well as the Defendant's costs and disbursements.

In Cunningham v. Slubowski, 2004 BCSC 1204, Madame Justice McKenzie, as she then was, following a 20 day trial, heard an application for costs, including special costs, against counsel.

In ET v Rocky Mountain Play Therapy Institute Inc, 2016 ABQB 299 (CanLII), the claimant was subject to an enhanced costs award against him of $ 18,000 for making «serious unfounded allegations» (at para 9) against the respondents and their counsel in an interlocutory proceeding related to his claim for breach of contract, defamation and negligence.

The appeal in question stems from the costs decision of Justice Metivier in Galganov v. Russell (Township).1 At issue was Her Honour» sorder requiring counsel, Mr. Kenneth Bickley («Mr. Bickley»), to pay 40 percent of the $ 180,000.00 costs order made against his clients.

He also acted as lead counsel for the General Service Small / General Service Medium customer class in a multi-week hearing before the Manitoba Public Utilities Board for the first Cost of Service Review of Manitoba hydro in over 10 years, and is acting for acting for SNC - Lavalin as a plaintiff in a multimillion - dollar coverage claim as against its insurer with respect to an E&O claim regarding a major infrastructure project in Manitoba.

Breslin and Breslin, PA, Donald A. Caminiti, Esq., was one of six law firms selected by the Attorney General of the State of New Jersey to act as special counsel to represent it in its lawsuit against the tobacco industry to recover Medicaid and other health related costs incurred by the state resulting from tobacco related illnesses.

If they choose to maintain their practice coverage there is limited defence cost coverage for claims brought against corporate counsel by their employer [See Endorsement No. 11 of the LawPRO policy].

The lower court found ex-employee's failure to accept carrier counsel was unreasonable and that his requested fees / costs through his chosen counsel were not necessary expenditures, awarding only $ 1,980 in fees / costs as against employer under section 2802.

Having FisherBroyles in place to assess your legal risks and manage your litigation will help safeguard against out of control litigation expenses and costs by outside counsel.

The judge also warned counsel that his attempt to have a witness testify by affidavit due to health issues could be viewed as an attempt to cause delay which could result in an order for costs against him personally.

In the recent case of Toronto Condominium Corp 1462 v Dangubic, the condominium corporation registered a lien against an owner's unit for recovery of legal costs incurred by the corporation in relation to «compliance letters» sent by the corporation's legal counsel to the owner.

A recent Court of appeal decision, Attis v. Ontario1, has provided clarity on the issue of when counsel will be held personally responsible for legal costs ordered against a client.

Counsel who wish to argue that a cost award against their client should consider the deductibility of legal fees by the recipient will bear the onus to set out for the judge what the impact of the deduction will be.

Any judge would have adjourned the case, told both counsel to come back with properly drafted skeleton arguments, and made wasted costs orders against both.

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.

As Justice Perell has noted, the idea that most class representatives are on the hook for adverse costs is a «fiction»; indemnities against such costs orders are routinely provided by class counsel or a third party funder.

Justice Brown also made a series of orders over the last few years for «additional costs» against Ms A — who could not afford legal counsel — for up to $ 30,000, persuaded that Mr B — who also represented himself some of the time, at other times represented by counsel — had suffered financial hardship as a result of Ms A's behaviour.

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