Sentences with phrase «in substantial indemnity»

Gordon followed up his trial victory by asking the judge to award him $ 500,000 in substantial indemnity costs.

In some circumstances, such as «where it was evident that the record would be complex or voluminous,» a failure to seek directions may result in substantial indemnity costs at summary judgment.

Not exact matches

Justice Smith considered the success of Vigna at trial, which exceeded the numerous settlement offers, as well as the malice of Levant in his campaign against the Human Rights Commissions, to award costs on a substantial indemnity basis.

This strategy came back to haunt the company in the form of an award of substantial indemnity costs as well as an award of nominal costs following the appeal.

In addition, the Court refused to overturn the motion judge's award of substantial indemnity costs.

The motions judge also subsequently awarded costs against Affinia on a «substantial indemnity» basis, relying on a rule in Ontario's rules of civil procedure which applies where a party has acted unreasonably in responding to a motion for summary judgment.

In addition, he rejected the plaintiffs» argument about proportionality, noting that after his reductions, the total recoverable substantial indemnity fees would amount to $ 282,000 or about 45 per cent of the substantial indemnity fees the plaintiffs claimed they had incurred.

We sanction untowards behaviour in Canada by awarding costs, typically on a partial or substantial indemnity scale.

First Capital's costs would violate the principle of proportionality because they'd amount to more than 50 per cent of the substantial indemnity costs of $ 709,000 incurred by the plaintiffs in defending all five summary judgment motions.

Justice Marshall ordered that all of the parties who participated in the litigation receive their costs from Cynthia's estate on a solicitor / client basis (the Newfoundland equivalent of substantial indemnity 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.

Jack has over twenty years of experience in numerous types of commercial litigation matters, with substantial representations of clients in many matters involving environmental litigation, including five trials pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, significant architectural, engineering and construction disputes, business acquisition and transactional disputes, including takeover / merger and acquisition litigation, claims under purchase and sales and indemnity contracts, securities law litigation, insurance coverage on behalf of the insured, and legal issues relating to medical records release and copying.

Their arrival marks further substantial investment in our highly successful insurance practice and demonstrates our commitment to developing our offering across all lines of business, including professional indemnity, financial lines and other areas of commercial insurance.

In a recent Ontario case, the judge awarded the victorious employee substantial indemnity of his legal costs, implying that such a result was necessary to punish the employer's conduct.

In dismissing the litigation due to the plaintiff's non-compliance with certain court orders, the court ordered that the plaintiff pay costs on a substantial indemnity scale, but only for the motion in which the inappropriate comments were madIn dismissing the litigation due to the plaintiff's non-compliance with certain court orders, the court ordered that the plaintiff pay costs on a substantial indemnity scale, but only for the motion in which the inappropriate comments were madin which the inappropriate comments were made.

In awarding the plaintiff's costs on a substantial indemnity basis Master Short wrote: «I am not satisfied that this motion needed to be brought, nor that it ought to have been brought.»

The amendments also eliminated the presumption of substantial indemnity costs against a party that brings an unsuccessful motion for summary judgment, in order to avoid deterring parties from bringing such motions.

In successfully having the case reinstated, LAWPRO avoided a substantial potential indemnity payment, since the accident in this case led to an amputatioIn successfully having the case reinstated, LAWPRO avoided a substantial potential indemnity payment, since the accident in this case led to an amputatioin this case led to an amputation.

substantial indemnity costs) that reflects the vast majority of the former employee's legal costs and, in extreme cases, an award of punitive damages.

Patrick is experienced in all aspects of dispute resolution whether mediation, arbitration or court proceedings and has acted on matters which cover the full ambit of issues which may arise on substantial construction projects, including insurance and professional indemnity matters.

The Court in Tetra Consulting v Continental Bank et al., 2015 ONSC 6546 recently responded to this employer tactic by ordering Continental Bank to pay costs on a substantial indemnity basis.

In a civil action in Ontario, a formal offer to settle made under Rule 49 of the Rules of Civil Procedure can trigger costs consequences on a substantial indemnity basis, which is a much higher amount than partial indemnitIn a civil action in Ontario, a formal offer to settle made under Rule 49 of the Rules of Civil Procedure can trigger costs consequences on a substantial indemnity basis, which is a much higher amount than partial indemnitin Ontario, a formal offer to settle made under Rule 49 of the Rules of Civil Procedure can trigger costs consequences on a substantial indemnity basis, which is a much higher amount than partial indemnity.

(4) attempting to unduly minimize the quantum of otherwise usual amounts of costs including substantial indemnity costs on the basis of proportionality, would be, in my view, to sanction under compensation of Plaintiffs for costs legitimately incurred to make many lawsuits uneconomic and could generally discourage Plaintiffs with modest claims, even if valid from pursuing them.

«In our view, the respondents on appeal are entitled to substantial indemnity costs,» wrote Justice John Laskin in today's ruling In our view, the respondents on appeal are entitled to substantial indemnity costs,» wrote Justice John Laskin in today's ruling in today's ruling inin

After the owner sought to discontinue the action, the corporation sought to obtain from the owner substantial indemnity costs in the amount of $ 77,497 representing legal fees, disbursements and HST expended by the corporation in the litigation, including $ 20,000 spent in response to the owner's motion to produce and preserve the proxies.

In the case of a Plaintiff, where the Plaintiff makes an offer to settle and where the judgment ultimately obtained is as or more favourable than said offer, the Plaintiff will be entitled to costs on a partial indemnity basis (usually around 60 % — 65 % of the total legal fees and reasonable disbursements incurred) to the date on which the offer was made, in addition to costs on a substantial indemnity basis (usually around 90 % of the total legal fees and reasonable disbursements incurred) thereafteIn the case of a Plaintiff, where the Plaintiff makes an offer to settle and where the judgment ultimately obtained is as or more favourable than said offer, the Plaintiff will be entitled to costs on a partial indemnity basis (usually around 60 % — 65 % of the total legal fees and reasonable disbursements incurred) to the date on which the offer was made, in addition to costs on a substantial indemnity basis (usually around 90 % of the total legal fees and reasonable disbursements incurred) thereaftein addition to costs on a substantial indemnity basis (usually around 90 % of the total legal fees and reasonable disbursements incurred) thereafter.

(3) Did the motion judge err in principle in awarding substantial indemnity costs as a result of the appellants» conduct prior to the commencement of the litigation?

Finally, in the odd case of Ferreira v. St. Mary's General Hospital, substantial indemnity costs were ordered against a lawyer who had unilaterally commenced legal proceedings, without instructions, in order to oppose the decision of her client's wife and next of kin to withdraw life support from her client.

With an increase in financial awareness and easy availability of professional indemnity plans, there has been a substantial increase in the number of professionals opting for such plans.