Sentences with phrase «egregious conduct»

There is reluctance on behalf of judges to wait for referrals to the law society, except in cases of particularly egregious conduct, he says.

In some cases, punitive damages may also be available to punish and deter truly egregious conduct that results in a fatal car accident.

The recovery of punitive damages instead has been limited to particularly egregious conduct.

Again, as a general rule, a Crown Prosecutor is more likely to seek a custodial sentence if a defendant has engaged in egregious conduct such that the defendant's behaviour is closer to an intentional act than negligence.

On appeal the Cains argued that the trial court erred by giving Instruction 10 which included language that noted «punitive damages are generally not favored and should be awarded only in cases involving egregious conduct.»

Punitive damages, if the circumstances of your case warrant pursuit of an award that would serve to punish the defendant for egregious conduct.

Traditionally, in order for the Crown to seek a custodial sentence, a defendant must have engaged in egregious conduct such that the defendant's behaviour is more akin to intentional action than negligence.

The more egregious the conduct, the more an employer tempts an adjudicator to test the boundaries of the upper limits of the damage award.

However, most articulations of the Whiten rationale have limited its application to clearly harsh or egregious conduct by an insurer.

8, 9 and 10 (a) Charter rights were violated due to egregious conduct of conscious and flagrant disdain for the defendant's constitutional rights committed in bad faith.

Created in 1975 to deal with egregious conduct.

Punitive damages are also available in many jurisdictions to punish defendants in those cases involving particularly egregious conduct which demonstrates a reckless or wanton disregard for the safety of the public.

If the party responsible for an individual's catastrophic injuries engaged in especially egregious conduct, such as drunk driving, violent assault, very dangerous business practices, concealing known dangers from the public, or other grossly negligent or misleading behavior, the court may even find that the responsible party owes punitive damages, which are meant to punish the wrongdoer and deter future bad conduct.

The common law standard applied by Virginia courts requires the «most egregious conduct» to justify an award of punitive damages.

Punitive damages, meant to punish and deter egregious conduct, may also be available.

Rouleau described the committee's findings as «nuanced» and said the six - month suspension was within the range of penalties previously imposed by discipline panels for similar and more egregious conduct.

In the recent case of Cain v. Lee, the Virginia Supreme Court determined that the Circuit Court for the County of Stafford erred when it granted a jury instruction that provided that «punitive damages are generally not favored and should be awarded only in cases involving egregious conduct.»

Unlike compensatory damages, punitive damages are imposed against a plaintiff to punish them for particularly egregious conduct and to discourage others from engaging in similar conduct.

The court also stated that the Government would not need to show that Wilf engaged in egregious conduct to be liable for punitive damages.

He called the reference to Baldwin's well known temper as an «effort to distract from Ms. Boone's egregious conduct.»

It's already started thanks to Robin Camp's egregious conduct, and the four Law Professors and the Justice Minister who were guided by their good conscience and courage to do something about it!

After reviewing commentaries on Articles 18 and 34 of the UNCITRAL Model Law, the Court of Appeal, without deciding on how serious or egregious the conduct must be before a violation could be established, said that the conduct complained of «must be sufficiently serious or egregious so that one could say that a party has been denied due process.»

In the Court of Appeal, she argued that the damages were too low given the employer's egregious conduct and asked for a new sum of over $ 1 million.

These damages act as a punishment for some egregious conduct in order to deter companies from acting in the same manner in the future.

«The contempt, when it's criminal in nature, is typically reserved for cases where there has been a failure for an effective civil enforcement, there has been particularly egregious conduct, repeat offenders or sentences where there have been violence or damaged property,» he said.

Plaintiff was prepared to present evidence that despite its efforts to distance itself from the first defendant, the group exercised the requisite control over him to make him its employee, and it responsible for his egregious conduct.

If you were injured by such egregious conduct, we welcome the opportunity to pursue maximum financial recovery on your behalf.

Punitive damages exist to aid in societal efforts to address, and hopefully deter, egregious conduct that causes harm to others.

In the right case, we sue for punitive damages which serve to punish the employer in cases involving egregious conduct.

On our review of the record, the trial judge demonstrated admirable restraint in the face of the appellant's egregious conduct both before and during the trial.»

If the lane departure crash arises out of egregious conduct, such as drunk driving, you may be able to recover punitive damages as well.

One thing is for sure, where there is egregious conduct, insurers should be aware there will be significant aggravated and punitive damages awarded.