Sentences with phrase «costs against the plaintiff»

A971301, September 3, 1998, Boyd J., the court awarded special costs against the plaintiff in a Wills Variation action.

After the Plaintiffs appealed, the Defendant sought a security for costs against the Plaintiffs, who were non-Ontario residents from Ecuador.

Not exact matches

If the class - action lawsuit against Honda, Nissan, Toyota and Ford rules in favor of the plaintiffs he notion of making money at all costs will also prove to be catastrophic at these companies.

A New York City advocacy group for low - income and minority residents filed a lawsuit against JPMorgan Chase Bank last fall for what it says are illegal and exploitative tactics that have cost the two named plaintiffs thousands of dollars in penalty fees it contends they shouldn't have had to pay.

To help bring down these costs, Congress still must address commonsense reforms like shifting fees when a plaintiff brings egregiously frivolous suits and staying patent suits filed against end users.

Judge Claudia Wilken, who presided over the O'Bannon case, issued an order declaring that the NCAA and some of the conferences will have to defend the rules against players receiving more than tuition, room and board (and now a cost - of - attendance stipend) in open court in a case brought by a plaintiff group that includes former Clemson cornerback Martin Jenkins and former Wisconsin forward Nigel Hayes.

The Shanghai SIPG forward is praying the High Court to place a «perpetual injunction restraining the defendants, whether by themselves, servants, agents or assigns from repeating similar or other libelous words against the plaintiff as well as costs, including lawyers» fees.»

Plaintiff's claims against DOE are hereby dismissed, with prejudice, and without costs or attorney's fees to Plaintiff or the DOE;

In addition to covering the costs of a lawsuit against a renter and any damages they might be ordered to pay a plaintiff, renters insurance will also cover medical expenses of others.

Accordingly, I am unable to agree with the plaintiff's contention that the defendant's conduct in the mediation was contrary to the requirements of s. 258.6 of the Insurance Act, such that it ought to attract punitive cost sanctions against the defendant.

An Ontario Superior Court justice has found that the class action lawsuit brought against Deloitte LLP by lawyers who had reviewed documents for the firm constituted a success for the plaintiff class, and he has granted the representative plaintiff for the class a cost award.

Canadian Class Actions Monitor Federal Court confirms no cost awards granted against Plaintiffs for discontinuance of class proceedings under Rule 334.39 (1)

In general then, what this case demonstrates is the very real possibility for an award of costs against an unsuccessful plaintiff to be quite substantial.

If the successful plaintiff has a cost award against the defendant, most of these disbursements will be paid by the defendant.

If a plaintiff is contemplating purchasing first pay insurance it is important that they reach an understanding with their lawyer as to whether or not the unpaid disbursements will be a first claim against the policy limits in the event of an adverse cost award.

In Chan v. Lee Estate, 2003 B.C.S.C. 513, Mr. Justice Hood awarded successful plaintiffs in a wills variation action against their brothers, special costs.

In the coverage action, the plaintiffs were successful in obtaining summary judgment against the defendant insurer requiring the payment of damages, costs and interest in the underlying action.

The most common reasons include: The amount of damages that the plaintiff will recover are not enough to justify the cost of pursuing the claim, especially if litigation is necessary; whether or not the healthcare professional breached the standard of care owed to the plaintiff is questionable, and there are strong defenses to this allegation; or / and causation is unclear, and the defense has a strong argument against a plaintiff's claim of causation.

Because neither party obtained a monetary recovery, the claims against trustee were not dismissed, and plaintiff obtained an equitable judgment against trustee, the case — with respect to routine costs — fell within the catch - all provision of CCP § 1032 (a)(4) which allows the trial court discretion to determine the prevailing party by comparing the relief sought with that obtained, along with the parties» litigation objectives.

Bill of Costs Bill of Costs (Tariff Items) Consent Form 18 Requisition — General Form 41 Subpoena Form 52.2 Certificate Concerning Code of Conduct for Expert Witnesses Form 80A Affidavit Form 91 Direction to Attend Form 124A Notice of change of solicitor Form 146A1 Affidavit of service Form 146A2 Affidavit of service — Personal Service Form 146B Solicitor's Certificate of Service Form 149 Tender of Payment into Court Form 171A Statement of claim Form 171B Statement of defence Form 171C Reply Form 171D Counterclaim against parties to main action only Form 171E Counterclaim against plaintiff and person not already party to the main action Form 171F Defence to Counterclaim Form 171G Reply to defence to counterclaim Form 171H Third Party Claim against a person already party to the action Form 171I Third Party Claim against a person not already party to the action Form 171J Third Party Defence Form 171K Reply to Third Party Defence From 223 Affidavit of Documents Form 255 Request to Admit Form 256 Response to Request to Admit Form 258 Request for Pre-Trail Conference Form 301 Notice of Application Form 305 Notice of Appearance — Application Form 314 Requisition for Hearing — Application Form 337 Notice of Appeal Form 341A Notice of Appearance — Appeal Form 344 Certificate of Completeness of Appeal Book Form 347 Requisition for Hearing — Appeal Form 359 Notice of Motion Memorandum of Fact and Law Model Bifurcation Order Model Jeopardy Order Motion Record Notice of Consent to Electronic Service Solicitor's Certificate of Expert Witness

Plaintiff also won a $ 503,450.02 fee award and $ 31,679.08 costs award against both defendants.

[99] I reject the Defendants» argument that by abandoning their defence to the Counterclaim, the Edwards Plaintiffs are thereby disentitled to argue against the Defendants» claim for indemnification for costs based on the terms of the VIA.

«The plaintiffs seem to suggest that where five separate motions for summary judgment are brought against it, an unsuccessful plaintiff should not be responsible for more than one - fifth of its own substantial indemnity costs to any one successful party,» Brown wrote.

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.

The plaintiffs appealed to the Court of Appeal which, on September 30, 2008, dismissed the appeal and awarded further costs of $ 40,000 against the plaintiffs.

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...

Motion to be heard 12 (1) If a defendant against whom a proceeding is brought or maintained considers the whole of the proceeding or any claim within the proceeding has been brought in response to their expression or public participation, the defendant may, subject to subsection (2), bring an application for one or more of the following orders: a) To dismiss the proceeding or claim, as the case may be; b) For costs and expenses; c) For punitive or exemplary damages against the plaintiff.

2 Dec. 12, 2016)(unpublished), a defendant corporation successfully obtained summary judgment against plaintiff and then moved to recover $ 133,644.50 in attorney's fees and costs from losing plaintiff.

In the case before Myers, one of the defendants had succeeded in having the plaintiff's claim against him dismissed and sought payment of his legal costs on the dismissal motion.

The recommendations included legislative changes to permit judges to award costs against unsuccessful plaintiffs and provide protection to end users of products from patent infringement lawsuits.

The court expressed reluctance over evaluating the quality of the education provided, and awarded costs of $ 35,000 against the student, which would likely discourage many would - be plaintiffs in the current labour dispute.

If the issue is a breach of the policy, admitting that the plaintiff is an insured may be a useful argument against a claim for bad faith (i.e. not taking an unreasonable position, not adding costs to the insured's claim, etc.).

Should you elect to ignore this demand or refuse or fail to pay the amount noted above, I will seek specific instructions from the Plaintiff to commence legal proceeding against you before a civil court, for all damages incurred by the Plaintiff in this regard, including those estimated above and all additional legal costs, expenses and interest incurred in respect thereof.

Trial Insurance provides a clear benefit to plaintiffs, as they receive protection from the sting of having costs ordered against them if unsuccessful at trial.

She is now precluded from instituting any new action of any nature or court proceeding of any nature in any court in Ontario, including small claims court, and she is precluded from bringing any further or fresh step in any existing action without the consent of a Superior Court judge, which consent will only be granted after the plaintiff makes an application for it, and provides proof that she has paid $ 40,000 of the more than $ 50,000 in cost orders that have been made against her to date.

In Combs v. Bergen, the Plaintiff was injured in a motor vehicle collision, and brought an ICBC claim against the Defendant for damages for pain and suffering, wage loss, diminished earning capacity, and cost of future.

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.

However, the court may adjourn proceedings and may order costs against you if you could have presented the counterclaim earlier and / or the plaintiff is disadvantaged or inconvenienced.

No allocation of costs between the plaintiffs was required because they were unified in interest (or «joined at the hip») such that the entirety of costs could be awarded against all plaintiffs.

The court awarded costs in the class - action against unsuccessful plaintiffs.

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.

If inextricably intertwined, then maybe no costs award against the losing FEHA plaintiff is in order; however, if the non-FEHA claims were solely allocable, then some apportioned costs were in order.

The reason was the California Supreme Court's decision in Williams v. Chino Valley Independent Fire Dist., 61 Cal.4 th 97 (2015), which mandated a different analysis on FEHA costs recovery against a losing plaintiff.

The Fund will also be responsible for costs that may be awarded against the Plaintiff in this case.

The plaintiff filed a personal injury lawsuit against the underinsured motorist, which resulted in the plaintiff receiving some compensation; due to the low policy limit, it failed to cover the costs of any pain and suffering caused by the accident.

On Tuesday, May 29, 2012, the United States Supreme Court granted certiorari from the Tenth Circuit's decision in Marx v. General Revenue Corp., U.S. No. 11 - 1175, to determine whether a prevailing defendant can be awarded routine costs (not attorney's fees) against a losing plaintiff in a Fair Debt Collection Practice Act (FDCPA) case where the plaintiff was found to have brought the suit in good faith.

Ontario Court Reinstates Case But Imposes Security for Costs Against Franchisee Corporate Plaintiff

Justice Kent slightly reduced the plaintiffs» cost submission and awarded $ 400,000 inclusive of disbursements and exclusive of appropriate taxes, noting that a party who is not successful against all defendants does not necessarily obtain a costs award against them all.

Last month, in «We Won't See You in Court: The Era of Tort Lawsuits Is Waning,» the Wall Street Journal took a look at the decline in tort lawsuit filings and the reasons fueling the decline, citing «state restrictions on litigation, the increasing cost of bringing suits, improved auto safety, and a long campaign by businesses to turn public opinion against plaintiffs and their lawyers.»