Sentences with phrase «full indemnity»

An Alberta Queens Bench judge has made a very rare cost order on full indemnity, solicitor - own - client basis after finding the plaintiffs in a matter deceived the court.

Justice Healey concluded that this was an appropriate case for full indemnity costs.

If the court does not wish to punish a party on the basis of full indemnity for costs, it may still award a certain percentage of special costs.

Justice Dunphy awarded full indemnity costs against the plaintiff, for the motion and the proceedings as a whole, because the defendant's defences were objectively strong and ought to have been well - known to the plaintiff, especially as it related to the defence of justification.

So if a defendant is successful in one of these motions they get full indemnity costs in the motion and the action.

If the matter fails to meet the test, the court should dismiss it with full indemnity costs awarded to the defendant.

In a potentially controversial ruling, an Ontario judge recently refused to grant two insured applicants full indemnity for costs on a motion related to the duty to defend.

Having been substantially successful at trial, the claimant sought full indemnity for legal costs based upon a clause in an assignment agreement which had been entered into by the parties.

The corporation claimed full indemnity of its legal costs in the amount of $ 35,495 on the basis that the condominium declaration specifically provided that an owner would fully indemnify the corporation for any costs or damages resulting from an owner's act or omission.

They may purge their contempt by payment of Skyrider's solicitor and own client full indemnity costs.

2) If the lawyer advised the client to delay using this tactic, it was the client's decision and it's fair they pay (if full indemnity costs because standard, it will certainly factor into such a decision).

In Hicks v. Hicks, 16 E.T.R. (2d) 179, Mr. Justice Shaw awarded full indemnity for costs against the defendant, as a result of his reprehensible conduct in exercising undue influence over his elderly mother.

The courts are increasingly awarding full indemnity for costs against parties who fail to prove such claims.

In additional reasons, the court concluded that full indemnity costs on the motion were not appropriate.

For those that aren't inimately familiar with the Ontario Rules, there are essentially 3 scales of costs that a party can be awarded: (a) «partial indemnity» costs, (b) «substantial indemnity» costs and (c) «full indemnity» costs.

The definition of «substantial indemnity» is not much more helpful, defining the term as «costs awarded in an amount that is 1.5 times what would otherwise be awarded in accordance with Part I of Tariff A. «Full indemnity» is not defined, but is obvious enough that it probably doesn't need to be.

The rule of thumb goes something like this: since full indemnity is 100 % of your costs, that means substantial indemnity must be something less - say approximately 90 % of full indemnity.

This ruling appears to be out of step with appellate authority which holds the costs borne by an insured to secure his or her right to a defence under an insurance policy should be paid on a full indemnity basis.

Accordingly, where there is a breach of duty, the insured's entitlement to full indemnity for the application costs would apply even if an allocation of subsequent defence costs were ordered.

If the conflict of interest issue were characterized in this way, the insured's right to full indemnity costs ought to have flowed from the principle that an insured should not to be put to expense in securing a defence under the policy.

While the costs endorsement repeats well - established case law, it is noteworthy because it affirms an expansive view: that an insured is entitled to full indemnity in any coverage case.

In Vinod Chopra, Justice Hughes set aside the order of Justice Zinn on April 12, 2010 and awarded full indemnity costs to the defendants, stating that the evidence that the plaintiffs had relied upon in seeking the order was «insufficient, careless and misleading.»

If the parties continued with these issues before the family courts, full indemnity costs could be imposed.

Daboll wanted his costs paid on a full indemnity basis, asking Superior Court Justice Richard Lococo to award him $ 57,000, arguing that DeMarco unduly lengthened the trial.

The YRCC sought an order invalidating the election of Michael Przysuski, another order placing Ed Dale (who lost the election) on the board, permission to destroy the ballots and proxies 30 days after the ruling and full indemnity on costs.

While there is discretion given to the judge not to award the full indemnity costs to the moving party, the financial risk for the plaintiff is very real and must not be ignored.

Perhaps it is time to do the same with the law, with cost consequences on a full indemnity basis in place to ensure frivolous and vexatious litigation does not occur.

Significantly, subsection 137.1 (7) of the CJA provides that if a judge dismisses an action under s. 137.1, then the moving party is prima facie entitled to costs of both the motion and the proceeding on a full indemnity basis.

The prospect of a full indemnity award should also encourage counsel to represent defendants on a contingency fee basis, where the defendants may otherwise not have sufficient means to retain counsel...

Airey v Taffinder & Ors (Re Hills Solutions Ltd)[2015] EWHC 3854 (Ch) Acted for Claimant in successfully obtaining permission to continue a double derivative claim and a full indemnity from the company in respect of a restructuring of the group at an alleged undervalue.

If the plaintiff fails to satisfy the court as to the substantive merit of the plaintiff's case, the action should be dismissed with costs on a full indemnity basis.

Special costs to successful applicants in most cases Defendants who succeed in having the claims against them stuck under this law should be entitled to costs on a full indemnity basis, subject to a judge's discretion in exceptional cases where such are not warranted.

If a defendant is successful in having a libel action dismissed on this basis, there is a presumption of costs being awarded on a full indemnity basis, the statute says.

In the recent Hoang v The Personal Insurance Co., 2017 ONSC 4193 (CanLII) case, the Court ordered the insurance company to pay full indemnity costs (all legal fees) where the insurance company had wrongfully denied coverage.