Sentences with phrase «if 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).

Not exact matches

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

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.

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.

«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.»

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 circumstanceif 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 circumstanceIf 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 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.

If you really want to stamp out unnecessary litigation, amend the Rules to allow for even higher costs, closer to full indemnity, and narrow judicial discretion around costs to impose mandatory costs for unreasonable positions, inflammatory conduct, and frivolous and vexatious behaviour.

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 defendanIf 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 defendanif 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.