Sentences with phrase «finding of liability»

Appeal by defendant store and property manager from finding of liability for injuries plaintiff sustained in slip and fall accident.

The bill does not, however, address settlements in which there is no formal finding of liability.

But the full accommodation analysis will have to be undertaken by employers in order to avoid a potential finding of liability.

However, the Supreme Court overturned the trial finding of liability in relation to a 1997 Comfort Letter issued by Deloitte to assist Livent in soliciting investors.

The appeal court upheld findings of liability against investment advisers Howard Miller and Francis Cheng on the basis that both ought reasonably to have known that their respective tippers stood in a special relationship with the issuer.

Upholding the judge's finding of liability on the 93A clam, the Appeals Court held that the former employer - employee relationship between the plaintiff and the individual defendant «does not stand as a bar» to the chapter 93A claim and that his conduct was «actionable independent of his contractual obligations.»

Indeed, Section 5.6.3 of the (Ontario Automobile Policy) O.A.P. 1 and Section 9 of the OPCF - 44R endorsement explicitly state that findings of liability by courts outside of Ontario are not binding on the insurer with respect to claims for said coverage.

Represented global manufacturing company in federal contempt trial defending against allegations made by competing company of trade secret misappropriation and violations of court order — obtained finding of no liability and award of fees against plaintiff.

[30] Respecting the jury's finding of liability between the parties for the collision, that question has been answered.

Although there are two corporate respondents to this Application, there remains a possibility that the Tribunal could find that [the individual respondent] was personally liable for his own conduct which amounted to a breach of the Code... it remains potentially open to the Tribunal to make findings of liability and require monetary remedies specifically from the personal respondents for their actions if it was to find that these actions were discriminatory.

Case law has established a four - step test to guide findings of liability: 1) Non-repair (did municipality fail to keep road in a reasonable state of repair?

Application of the Anns / Cooper framework, coupled with the basis for auditor liability specifically identified by the S.C.C. in Hercules, means the trial judge's finding of liability in relation to the negligently prepared statutory audit is upheld.

In addressing state fair housing violations, the New York Supreme Court, Appellate Division, affirmed the Division of Human Rights (DHR) finding of liability for racial steering, left the $ 10,000 punitive damages award intact, and remitted the case to DHR to reduce the compensatory award from $ 30,000 to no more than $ 5,000.

The Court of Appeal upheld the jury's finding of liability.

House fires caused by the negligence of an adult may also lead to a finding of liability for a child's flame - burn injuries sustained in the fire on the part of the adult whose negligence was a cause of the fire.

The most notable factor the judge considered in his finding of liability on the part of the defendant was that three of the tires on the defendant's vehicles were in poor condition and the defendant did not have snow tires installed on her vehicle.

However, there is case law from British Columbia which indicates that failure to have winter tires installed on a vehicle can be a consideration in a finding of liability in the event of a motor vehicle accident.

This is expected given that general damages are presumed from a finding of liability.

McInnes Cooper privacy lawyer David Fraser says that, to date, there have been no findings of liability based on the tort of intrusion upon seclusion in Nova Scotia but he suggests «that's just a matter of time.»

For a finding of liability against Mr. Evoy it was necessary to find both a breach of the duty owed to Mr. Vandendorpel and that the breach was a cause of the injury.

Those are usually established during the criminal trial; however, failure to convict in that court does not prevent a civil claim for damages as the standard for a finding of liability is lower.

Today's case (Chambers v. Goertz) involved the appeal of the trial judge's findings of liability.

Our Bangor auto accident attorneys know families may be able to recover in this situation, after a finding of liability on the part of the driver.

«Once you get a finding of liability, it's easier to get a third - party lender at a better rate,» he said.

The decision held that a plaintiff need not have a finding of liability in the tort action before proceeding with a claim for uninsured / unidentified / underinsured coverage.

Now, in Milne, a trial judge — seemingly forget that a finding of fault is not the same as a finding of liability: a person who is not sued can not be held liable — has recreated the problem by claiming the Taylor as distinguishable.

The finding of liability against the province was overturned as it was the Board that had made the decision to close the special needs program, and not the Ministry of Education.

Through trial and multiple appeals, obtained and upheld a finding of no liability for our client.

In the absence of settlement, the plaintiffs would be required to pursue extensive litigation to secure a finding of liability, causation, and damages.

In a 2 to 1 majority decision the appellate court overturned the trial judge's finding of liability.

In the second decision, the GSB had to determine the amount of damages that flowed from the finding of liability.

The appellate court noted that, while the general rule is that a finding of liability accompanied by a zero - dollar verdict is vague and must be corrected, in this case it was permissible.

If your personal injury matter goes to trial on damages and liability, the finding of liability by the Court will supersede the ICBC decision.

In any event, the trial judge's reasons analyzed each of those allegations of deceit, and ample evidence supported her findings of liability.

The parties in Manary v. Dr. Martin Strban, et al had agreed to a quantum of damages of $ 430,000 in the event of a finding of liability.

Cato has submitted a Fifth Circuit amicus brief «arguing that the jury's finding of liability and damages were unsustainable under the law.»

Absent such a motion, a judge is required to conduct this assessment even after a finding of liability by a jury.

Justice Dow set aside the findings of liability, including the applicability of the new tort, ordering costs against the defendant of $ 10,000, thereby allowing him to proceed in the defence.

Assembler (A) is suing Parts (P) for allegedly defective components provided by P. Obviously if there is no finding of liability there is no consequentials.

JUSTICE BRENNAN, joined by JUSTICE MARSHALL, JUSTICE BLACKMUN, and JUSTICE STEVENS, concluded that, when a plaintiff in a Title VII case proves that her gender played a part in an employment decision, the defendant may avoid a finding of liability by proving by a preponderance of the evidence that it would have made the same decision even if it had not taken the plaintiff's gender into account.

While there was no finding of liability respecting the listing sales rep, the court nevertheless noted that the recommendation made by the sales rep was «mistaken» in nature.

The court found that the DHR's determination was supported by substantial evidence, so it could not overrule the finding of liability.