Sentences with phrase «deducted from the damages»

New customers will agree a standalone fee for their case under which the fee will be deducted from any damages won.

The Court held that the disability benefits paid should be deducted from the damages awarded for notice, as those benefits were intended to compensate for lost wages.

The Court identified two well - established situations in which collateral benefits are not deducted from damages: charitable gifts and private insurance.

Any liability you do hold will be directly deducted from the damages you're eligible to receive.

As such, the pension funds should were not to be deducted from his damages.

These collateral benefits raise the question of whether that amount should be deducted from the damages awarded, in order that the plaintiff not recover more than the loss actually suffered.

Pursuant to Idaho's comparative negligence rule, if a claimant's total fault is less than 50 percent, he or she can be awarded damages, but any amount of damages attributable to him or her must be deducted from the damages award.

The court found Potter was entitled to damages for wrongful dismissal as assessed by the trial judge, with the exception that the pension benefits he has already received are not to be deducted from those damages.

Referring to previous Supreme Court of Canada and Court of Appeal decisions, the Court confirmed that EI benefits are not to be deducted from damages, because an employer should not be able to benefit from its wrongful termination of an employee which requires that employee to apply for and make use of EI benefit entitlements.

Justice Feldman reasoned that where a wrongfully dismissed employee is forced, because of financial considerations, to accept an inferior position because no comparable positions are available, the amounts earned in that inferior position should not be deducted from the damages award.

Any benefit derived from complying with this duty must be deducted from damages awarded in lieu of reasonable notice.

Sabean v. Portage La Prairie Mutual Insurance Company, 2015 NSCA 53 (36575) When can future CPP disability benefits be deducted from damages.

The court decided that the entire $ 130,000 was to be deducted from the damages the jury awarded Mr. Cobb for loss of both past and future income.

Not exact matches

The Internal Revenue Service allows certain property damage from storms, fire and theft to be deducted from taxes, but complicated rules may keep accountants busy.

Usually liquidated damages will be deducted from the latest application for payment.

If you cause damage to the property while you're living there, the landlord will deduct the damage from your security deposit first.

Generally, if you cause damage to the apartment beyond normal wear and tear, the landlord can deduct the money for the repairs from the security deposit.

Any excessive damage to the lawn, landscape plants or irrigation will be charged and deducted from the security deposit

Any loss or damage to furniture will be deducted from security deposit

Please Note: In the case of any substantial damage occurring during your stay with us or if your balance remains unpaid, we reserve the right to deduct funds from your credit card to cover costs of repair or replacement or the balance of payment.

IBM filed an appeal, claiming that the judge should have deducted the amount of pension benefits paid during the notice period from the damages award, which the Court of Appeal dismissed.

The Court then discussed in some detail three bases of reasoning for not deducting private insurance benefits from a damages award:

Overall, the Court was able to distinguish Mr. Waterman's situation from the facts of Sylvester on a number of points, and held that pension benefits should not be deducted from wrongful dismissal damages.

I would adopt the trial judge's provisional assessment of those damages, with the exception that the pension benefits Mr. Potter received should not be deducted from them.

Of course, the total percentage of damages attributable to that claimant will be deducted from their gross award.

At the end of the tort trial, the jury also awarded the Plaintiff damages under these categories, but lumped them all together so that it was impossible to determine, on an «apples to apples» basis, how much should be deducted from each category.

For example $ 500 may be deducted from the amount that you are entitled to receive from an insurer for damage to your vehicle.

If I were a defendant making an offer to settle damages, while knowing I would have to pay again to settle class counsel fees, I might deduct my estimate of my maximum possible fee payment from my final offer on the damages negotiation.

Claimant lawyers fear they will have no alternative but to deduct a hefty percentage of costs from the damages.

Punitive damages were awarded in the amount of $ 25,000 because the Bank's conduct found to be was oppressive and high - handed when it blacklisted the plaintiff's relatives and in unlawfully and improperly deducted funds from the plaintiff's account with another bank in respect of her outstanding loans from the Bank.

As a result, the employer was liable for damages representing the 10 % that had deducted from the plaintiff's commissions since October 1954.

Meaning, the percentage of fault allocated to the victim is deducted from the amount of damages awarded by a jury.

There is no law barring the plaintiff from receiving damages, and the court simply deducts the percentage of blame placed on the defendant from the total amount given to the injured person.

(Whether or not you received the benefits is an entirely irrelevant consideration... the deduction can be used even if you applied for these benefits and ICBC refused to pay... click here to read Sovani v. Jin, a case where almost $ 100,000 in damages were deducted from the jury's verdict).

On December 13, 2013, the Supreme Court of Canada (SCC) issued its decision in IBM Canada Ltd. v. Waterman, 2013 SCC 70, confirming that employers may not deduct earned pension benefits from wrongful dismissal damages.

The trial judge erred in law in failing to deduct the income Ms. Brake received during the notice period from the damages award.

Some relief is available to the landlord in the deposit, from which the unpaid rent might be deducted, but let's assume that after that, the actual damage suffered is $ 5,000.

For example, the family court found that the costs of repairing water damage in the marital home was $ 269,000 and deducted this amount from the equity in the home that it was awarding to Wife.

Given the legislative intention, it seems harsh and even punitive to not only deny a plaintiff, who has been found substantially not at fault in a motor vehicle collision and awarded damages for losses sustained, no - fault benefits but also to deduct the amount of his or her potential entitlement to Part 7 from the tort award.

This decision affirms that, in general, an employer is not entitled to deduct a benefit from wrongful dismissal damages if it is not an indemnity for the loss caused by the breach and the employee has contributed in order to obtain entitlement to it.

Accordingly, pension benefits can not be deducted from wrongful dismissal damages.

The court can deduct from the plaintiff's damage award if her mitigation efforts were not reasonable: Kent v. Stop N» Cash 1000 Inc., 51 C.C.E.L (3d) 199 (Ont.

The court dealt with the issue of double - recovery by citing Bannon v. McNeely and Jang v. Jang, which indicated that deductions should only be made when the benefit corresponds with a particular claim for damages, and only deducting from the particular head of damages involved,

The Court of Appeal also said that it was proper to deduct the entire $ 9,150 that Cobb received from his own insurance company for housekeeping from the jury's awards for past and future loss under this heading of damages.

On this basis, the court did not deduct such benefits from the damage award.

The Alberta Court of Appeal in Bedard rejected that factor as a basis for not deducting settlement proceeds from damages awarded at trial.

The Province sought to have those settlements deducted from the awarded damages arguing they all covered a single indivisible harm.

Claimant firms will have no alternative but to deduct a hefty percentage of costs from the damages that they secure for the client.

It allows you to deduct damage, destruction or loss of property due to a «sudden, unexpected or unusual» event in a federally declared disaster area from your taxable income, starting with the amount your renters or homeowners insurance didn't cover.

Homeowners insurance includes a deductible for property damage, which is the amount that's deducted from claims payments.