Sentences with phrase «full indemnity basis»

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.
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.
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.
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.
The British Columbia legislation allowed defendants to bring an application, not less than 120 days before the trial date, to dismiss the lawsuit and recover their costs on a full indemnity basis.
He added the case is «one of those rare, exceptional, or unusual cases where an award of costs on a full indemnity basis is warranted.»
In awarding the trustees legal fees on a full indemnity basis in the amount of $ 181,499.84, the judge accepted the trustees» position that the high costs were, in some measure, driven by the need to reply to vague objections.
(2) the trial judge erred in equalizing the parties» NFPs by valuing the notional costs of the wife's disposition of her shares in the family business at $ 0; (3) the trial judge erred in awarding costs to the husband on a full indemnity basis.
Tess Cusipag and Balita defendants are also jointly and severally liable for the plaintiffs costs of these contempt proceedings on a full indemnity basis
In addition, your lawyer may be able to seek costs on a full indemnity basis against your spouse for unnecessary delay tactics or unreasonable positions.
You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
If the lawsuit is a SLAPP, then the plaintiff can be penalized and the defendant made whole by way of an award of costs on a full indemnity basis.
If the action is dismissed, the legislation provides for costs to be awarded on a full indemnity basis and allows the motion judge, if the court finds the action to have been brought in bad faith or for an improper purpose (i.e. a SLAPP), to order damages to be paid by the plaintiff to the defendant.
Costs were ordered against Mr. Best on a full indemnity basis.
In this case, both parties were convinced that they had each been successful with respect to the final outcome, but neither received costs on a full indemnity basis.
a b c d e f g h i j k l m n o p q r s t u v w x y z