Sentences with phrase «full indemnity costs of»

Not exact matches

You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration and legal costs on a full indemnity basis), claims, actions and any other losses or liabilities suffered by Us and arising from or relating to Your use of the service, information and / or other material posted on the Service by You and / or arising from or due to any breach of contract, any tortious act and / or omission and / or any breach of statutory due by You.

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.

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.

«In my opinion, the surreptitious and dishonest conduct of Edward was so highly reprehensible as to warrant an award of full indemnity, that is, solicitor and own client costs.

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.

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.

The Ontario Court of Appeal has consistently held that the insured is «entitled to a defence... at no cost to them».2 In other words, an insured is «entitled to be made financially whole» for legal costs incurred in securing a defence under the policy.3 This broad principle has not only been used to indemnify insureds for their past defence costs, but also the future defence costs of counsel of their choice, the costs of the coverage application and the costs of any subsequent appeal.4 This principle of full indemnity is based, not in the law of costs, but in the law of contract.

The Personal Insurance Co. [1] provides policyholders with a succinct reminder of the general rule that a policyholder is entitled to full indemnity costs where an insurer wrongfully denies its obligation to provide coverage.

[2] With respect to the costs of the costs of the coverage action, the plaintiffs sought costs on a full indemnity basis, rather than on the usual partial indemnity scale.

«If it was self - evident that the offer made was merely a tactical step designed to secure the benefit of the incentives provided by the rule (eg an offer to settle for 99.9 % of the full value of the claim) I would agree with Jonathan Parker LJ [with whom both Tuckey and Schiemann LJJ dissented] that the Judge would have a discretion to refuse indemnity costs.»

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.

[29] The legislature chose not to provide a specific cost consequence for an insurer's failure to participate in mediation, such as substantial indemnity costs against a losing defendant or deprivation of full costs of a winning defendant.

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.

Limit on cross-examinations 7 (1) Subject to subsection (2), cross-examinations on any documentary evidence filed by the parties shall not exceed a total of seven hours for all plaintiffs in the proceeding and seven hours for all defendants (2) A judge may extend the time permitted for cross-examination on documentary evidence if it is necessary to do so in the interest of justice Costs on dismissal 8 (1) If a judge dismisses a proceeding under this section, the moving party is entitled to costs on the motion and in the proceeding on a full indemnity basis, unless the judge determines that such an award is not appropriate in the circumstaCosts on dismissal 8 (1) If a judge dismisses a proceeding under this section, the moving party is entitled to costs on the motion and in the proceeding on a full indemnity basis, unless the judge determines that such an award is not appropriate in the circumstacosts on the motion and in the proceeding on a full indemnity basis, unless the judge determines that such an award is not appropriate in the circumstances.

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.

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 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.

The Ontario Courts of Justice Act provides for full indemnity for a successful applicant (defendant) but no guarantee of costs to be awarded to the plaintiff if the application to dismiss fails.

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.»

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

Tess Cusipag and Balita defendants are also jointly and severally liable for the plaintiffs costs of these contempt proceedings on a full indemnity basis.»

But in his opinion the conduct of the Defendant in this case also warranted full - indemnity costs as well because,

According to Prof. Farrow of Osgoode, the supposed reason why courts only award partial and substantive indemnity costs, as opposed to full costs, is that litigants are also engaging the judicial system as a form of public service.

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.

Costs are generally granted on a partial indemnity basis: about 2 / 3rds of the lawyers full (substantial indemnity) billing rate.

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.

Claimants argue that they should be compensated for those costs in full, or at least on a Solicitors Act 1974 or indemnity basis of assessment.

Perhaps the dismissal of a SLAPP lawsuit should be such a situation where full indemnity costs are awarded.

The motion judge held that the repetition of these accusations, which had already been rejected in court, justified awarding costs against Mr. Best on a full indemnity scale.

User shall indemnify and hold Exide Life and / or the Affiliates, as the case may be, including their officers, employees and agents, indemnified against all losses and expenses on full indemnity basis which Exide Life may incur, sustain, suffer or is likely to suffer in connection with Exide Life or Affiliates» execution of the User's instructions and against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses as a consequence or by reason of providing a service through payment gateway for any action taken or omitted to be taken by Exide Life and / or the Affiliates, its officers, employees or agents, on the instructions of the User.