Sentences with phrase «for breach of»

There is no strict liability for a breach of the Solicitors Act.

He sought to recover damages for breach of the implied term of trust and confidence.

As Canadian Lawyer reported in 2015, an Ontario Superior Court judge awarded damages against Cassels Brock for breach of fiduciary duty, breach of contract and professional negligence.

But if someone was led into committing a crime in such circumstances, an action for breach of copyright does not seem like the right remedy — and the inadvertent criminal could not assert it anyway.

The ruling means that experts providing advice on cases are now liable if their advice is deemed negligent, removing the immunity from suit for breach of duty.

Again, these remedies are standard remedies for the breach of IPRs.

One of the critical obstacles identified for companies seeking to bring a claim for breach of competition law rules was the unavailability of funding.

The Financial Services Authority already has the power to impose fines for breach of information security — Nationwide was fined # 980,000 in February of this year.

While Johnson prohibited the implication of any term into a contract that required an employer to operate their disciplinary procedures fairly, that did not mean that an employee could not claim damages for breach of an express term.

I am worried that even if I can legally write a contract and negotiate with somebody to sign it, It will be more expensive to sue for breach of contract than what I will get if I win the lawsuit.

The plaintiff moved for summary judgment, but the action was dismissed when the defendant was successful on the motion in claiming that there was no tort for breach of privacy in Ontario.

The CJEU concluded that the sanction for a breach of the EU Courts» obligation to adjudicate cases within a reasonable time must be an action for damages brought before the General Court since such an action constitutes an effective remedy (para 94).

The majority rule is that damages is not an element of a suit for breach of contract, so even if you suffer no economic harm, you can sue the breaching party for $ 1 of nominal damages.

Sharpe J.A. wrote for the court, and accepted the proposition by William L. Prosser in his 1960 article, «Privacy,» that the common law actually developed four different types of related torts for breach of privacy:

The penalty for breach of confidential client information ranges from fines to suspension.

[37] But how was Ms Doerr's action against her paralegal advisor, (effectively for breach of contract and / or negligence in relation to execution of the paralegal's duties under the retainer relationship), an abuse of process?

As for the breach of fiduciary duty, Justice Perell decided that the plaintiffs» claims for breach of fiduciary duty and aiding or abetting a breach of fiduciary duty should not be certified, and those claims should be dismissed.

A prudent contractor would document what has happened; if they did this a suit for breach of contract would have zero chance of success.

If he failed to provide payment for her on his death, her right to that payment became enforceable by a direct right of action for breach of contract against his estate.»

One English writer even derided business people for not knowing that they could get expectation damages for breach of contract!

The legal action currently pending against the UK before the ECtHR for breach of Article 8 ECHR as a result of its TEMPORA surveillance programme may indicate that States also misuse personal data when the stakes are perceived as being high.

The budget in Troy Foods v Manton [2013] EWCA Civ 615 was approved following a claim for breach of contract.

The «costs» of the insured on an application are in fact damages for a breach of the insurance contract.

The trial judge awarded damages for wrongful dismissal of 15 months» pay in lieu of notice, net of Workplace Safety and Insurance Board [«WSIB»] benefits the appellant received during that period, and $ 10,000 in damages for breach of the Code.

When the property owner filed a suit for trespass, the production company filed counterclaims for breach of the lease.

Defended real estate developer and favorably resolved claims for breach of contract and misrepresentation in connection with a commercial construction project.

An injured spectator who has paid for a ticket can potentially sue an occupier for breach of the implied term that the seat sold to him will be safe.

Expensive Secret Telling: When Damages May Be Available for Breach of a Confidentiality Clause in a Settlement Agreement

If your partner breaks one or all of his contractual duties, you can sue for breach of contract.

Meridian sought an accounting for the profit made on the re-sale to Yellowstone, or in the alternative, damages of approximately $ 2.1 million for breach of contract, fraudulent misrepresentation, and conspiracy.6

The respondent brought an action in Ontario against Dr. Lu, three Chinese corporations and a British Virgin Island corporation (hereafter the «appellants») for breach of confidence, breach of contract, breach of fiduciary duty, conspiracy, unjust enrichment and / or unlawful interference with economic interests after discovering clones being sold in the global market.

We are experienced in all manner of civil claims based on dishonesty, including those based on misrepresentation or on accessory liability for a breach of fiduciary duty, both at the corporate and individual level; and in the various techniques of asset recovery, including tracing, the imposition of constructive trusts, claims against third parties who have participated in or received proceeds from the fraud and piercing of the corporate veil.

Defending technology company and its board of directors in multimillion dollar PA state court action brought by founder / consultant / shareholder alleging claims for breach of fiduciary duty, breach of contract, and rescission; prosecuting action in NJ federal court on behalf of executive terminated in breach of his employment agreement; defending companies and their majority owners in numerous state court actions throughout NY and NJ alleging breach of contract and fraud; defending company in connection with DOL investigation regarding misclassification of employees; defending health - tech entrepreneur in connection with DOL investigation regarding unemployment insurance fraud; counseling global company and its US subsidiary in connection with various employment law matters; and negotiating numerous separation agreements.

(Chauffeur of a celebrity; restraint of trade, whether covenant enforceable, whether damages for «reflected loss» being claimed, whether s. 2 of the Competition Act 1998 applicable, whether an account of profits available in a claim for breach of contract).

A # 2 - million claim against insurers for breach of their FSA duties of care following a fire to a listed building.

After video of her jogging along the parkway was included in a commercial, she sued for breach of privacy and appropriation of personality.

But there are categories of civil litigation matters for breach of contract, fraud, insurance, product liability, and many more, and we can train a Deep Learning algorithm for any of them in an automated way.

In Apacheta Corp. v. Lincare, Inc., Apacheta sued for breach of contract in claiming that Lincare's termination violated the right - to - cure provision because Lincare neither provided notice of breach nor a cure period.

However, where an employer prematurely claims frustration of the employment contract and terminates the employment relationship on that basis, the employee will be found to have been wrongfully dismissed, and will be entitled to common law reasonable notice as well as damages for a breach of the Code.

Speaker, «ERISA Fiduciary Liability Insurance: Limiting Exposure for Breach of Duty Claims Negotiating the Policy, Overcoming Coverage Challenges, and Responding to Enforcement and Litigation,» Strafford (Webinar / Teleconference)(December 22, 2009)

He has handled complex commercial disputes, shareholder derivative litigation, declaratory judgment actions, and has secured emergency injunctions relating to claims for breach of contract, fiduciary duties, fraud and professional negligence.

His duty can be so explained, for a doctor can be sued for breach of an express or implied term of contract, which binds him to use due care.

If you don't understand the contract, you may break it unintentionally and may get sued for breach of contract.

c) by rule of court or the Civil Procedure Rules; or becomes unenforceable against the MIB for breach of the terms of the Uninsured Drivers Agreement:

-- Hanco ATM Systems v. Cashbox ATM Systems [2007] EWHC 1599 (Ch): Led by Andrew Hochhauser Q.C. in relation to summary judgment application against senior employee for breach of fiduciary duty and dishonest assistance and involving issues as to the doctrine of «preparatory steps».

Won arbitration against former employee of biotechnology client for breach of confidentiality and non-disparagement clauses of settlement agreement, and obtained preliminary and permanent injunctions for the violations in federal district court (2016 U.S. Dist.

Given that the Court expressed its opinion that damages for a breach of the new tort not exceed $ 20,000 in most circumstances, employers will most likely see employees adding an alleged breach of privacy in applicable wrongful dismissal claims where litigation costs are already being expended.

The Ontario Superior Court of Justice (the «Court») recently indicated that employers may be liable for a breach of the duty of good faith where they fail to provide due process to

On June 8, 2005, the maximum AMP available for a breach of the Securities Act was raised from $ 100,000 to $ 1 million.

Med Mining and Minerals Limited v Nusantara: acted as sole counsel in a substantial Commercial Court trial (against leading counsel for both other parties) relating to the activities of a mining company in the Far East, involving claims for breach of directors» duties under Indonesian law.