The trial
judge awarded costs in the amount of $ 235,418.99.
The trial
judge awarded costs since the case was outside the small claims regime.
What is also interesting to note is that
the judge awarded no costs, as each side «deserves to bear its own costs.»
A jury awarded the respondent $ 248,000 in damages;
the judge awarded costs and disbursements to the respondent which included a $ 60,000 cost award to reflect the insurer's failure to comply with its obligations to participate in mediation and attempt to settle under the Insurance Act.
«Rather than engaging in a purely mathematical exercise,
the judge awarding costs should reflect on what the court views as a reasonable amount that should be paid by the unsuccessful party rather than any exact measure of the actual costs of the successful litigant.»
Not exact matches
A Quebec Superior Court
judge awarded a group of Dunkin' Donuts franchisees $ 16.4 million in damages, plus legal
costs, after ruling that parent company Dunkin' Brands failed to heed 15 years» worth of warnings that Tim Hortons was poised to topple the U.S. chain's long - held dominance of the Quebec market.
The decision, handed down Wednesday by Nova Scotia Supreme Court
Judge Mona Lynch, rejects O'Leary's attempt to dismiss the suit or move it to another jurisdiction, and
awarded $ 3,500 in
costs to the Canadian Lebanese Chamber of Commerce and Industry.
The ruling in favour of Mars Canada this week also upheld a lower court
judge's hefty
costs award against Aizic Ebert and his two Toronto companies for «brazenly» breaching earlier settlements of the dispute.
Meanwhile, at the Thursday's proceedings, the presiding
judge, Justice Adeyinka Oyinloye,
awarded a punitive
cost of N20, 000 against SaharaReporters, after its lawyer, Mr. Stanley Imhanruor, from Femi Falana's chambers, withdrew a motion he had earlier filed on behalf of his client.
Counsel for Saraki, Mr. Babatunde Olomu, who had said he was not opposed to the withdrawal of the motion, had earlier urged the
judge to
award a
cost of N1m against SaharaReporters and Sowore.
The controversial
costs create «perverse incentives» for defendants to plead guilty; are a «grossly disproportionate» punishment for many offences; leave no discretion for
judges or magistrates to vary the charge and undermine compensation
awards to victims, according to the MPs.
The Ashden Sustainable School
Awards judging panel found Marton Primary School to be an excellent role model for other small schools where the staff and pupils have adopted a very simple approach, focusing on low
cost or no
cost actions such as behaviour change to really make a difference.
For example, a
judge in a recent injury case regarding a young girl with life changing injuries has
awarded up to # 23m in compensation and care
costs against the driver who negligently crashed into the car the girl was travelling in, killing her mother.
In the hearing, held on 26 March to consider the petition, the
Judge dismissed every point of challenge the council made and
awarded the Union its
costs.
Find out who is
judging the
award (this is an important step) and the
cost to enter (some are free.
This can be very expensive, yet if a case is heard under the «small claims» system,
costs are not
awarded (although a
judge could decide either side may need to pay for a limited amount of the other party's expenses), making it a much less risky bet.
How will the average frequent flyer be able to
judge if he or she is getting a good value or should keep searching for an
award level that
costs fewer miles?
We can go back and forth about what
award tickets are worth, and it's not my place to
judge whether you should base your redemption value on what a premium fare
costs in cash (correct) or instead use the price you believe you would have paid (wrong).
In a decision that could have major effects on the process of authenticating artworks in the United States, a New York Supreme Court
judge has dismissed a lawsuit against Pace Gallery founder Arne Glimcher and the Agnes Martin catalogue raisonné committee, and
awarded them the
cost of their legal fees, Artnet News reported.
The
judge also
awarded Pace and the committee members the full
cost of their legal fees.
The
judge adjusted this by
awarding the wife, or ensuring that she retained, about 40 % of the total of the couple's assets: she received a housing fund (# 3.5 m inclusive of stamp duty, refurbishment and
costs of purchase); a Duxbury fund of # 2,283,126, which absorbed the spousal periodical payments; and she retained for herself her own inheritance fund of # 175,000.
If a matter is resolved by a trial the
judge will
award costs either against each one party or order that each party pays their own
costs; in general, the
costs «follow the event» i.e. the losing party usually gets stuck with the
costs.
The lower court
judge awarded $ 510,000 in fees and $ 64,000 in
costs, roughly half the value of the estate.
The law also allows the
judge to
award costs to the losing party.
In this case, the trial
judge did not take the statutory deductible into consideration in
awarding costs of $ 409,098.48 to the Plaintiff because it would be «unfair».
In addition, the Court refused to overturn the motion
judge's
award of substantial indemnity
costs.
From what I have been able to find, this is the first published opinion in which a federal
judge expressly
awarded fees to cover the
cost of technology - assisted review.
Thus, another judicial milestone may have been reached recently when a federal
judge in San Diego
awarded $ 2.8 million for
costs associated with the use of TAR in a complex patent lawsuit that involved «voluminous» quantities of electronically stored information.
While I am satisfied that the words, «sufficient reason» should not be interpreted in an expansive manner, but with restraint, I am also satisfied that they must be read in such a way that a trial
judge is not forced to deny a party
costs where he is satisfied, as here, that justice can only be achieved as between the parties by an
award of
costs to the successful party.
As a result, the Court of Appeal overturned the trial
judge's
costs award of $ 409,098.48 and ordered the parties to bear their own
costs.
[19] Without endorsing all of the factors relied on by the trial
judge as constituting «sufficient reason» in this case, I am satisfied that there may be circumstances which may constitute sufficient reason for bringing an action in the Supreme Court, thereby triggering its
costs provisions, despite the fact that it is apparent from the outset that the
award will fall within the monetary jurisdiction of the Provincial Court.
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.
Judges rarely issue written reasons for the costs award, and even when judges do write out their reasons they are infrequently rep
Judges rarely issue written reasons for the
costs award, and even when
judges do write out their reasons they are infrequently rep
judges do write out their reasons they are infrequently reported.
Judge Silver expressed her exasperation with Goodyear's conduct by using her inherent authority to
award $ 2.7 million in attorney fees and
costs as well as ordering Goodyear to file a copy of her order sanctioning its behavior in any subsequent G159 litigation.
Following the presentation of written submissions, Deputy
Judge Gilbert
awarded the defendants, for whom I acted, $ 8,000.00 in
costs.
In a further judgment, the
judge went on to
award Mr Maksimov 80 % of his
costs of the contempt proceedings since January 2014 (PJSC VAB v. Maksimov [2014] EWHC 4370 (Comm)-RRB- giving important guidance to litigants as to the appropriateness of bringing contempt applications in freezing order cases and the
costs consequences should such applications fail or succeed merely on «technical» grounds.
See also Ram v. Prasad, 1999, 28 E.T.R. (2d) 140, where the B.C. Court of Appeal upheld the trial
judge who
awarded special
costs against the defendant.
The divorce
judge awarded wife half the marital assets in the amount of $ 2.5 million dollars, plus $ 12,000 a month in spousal support and $ 35,000 for her attorney's fees and
costs.
A British Columbia
judge has
awarded special
costs to a food distribution company after finding its governmental opponents engaged in conduct that was «reprehensible and deserving of rebuke or reproof.»
As the article reports, a federal
judge awarded $ 957,710 in attorney fees, plus
costs and prejudgment interest, to Skadden Arps for its pro bono representation of a group of waiters, busboys and captains who sued their restaurant - employer for unlawfully witholding tips in violation of the Fair Labor Standards Act and the New York Labor Law.
The
judge awarded $ 25 plus $ 9,000 in attorneys» fees and $ 2,170 in
costs.
Last Friday,
Judge Breyer
awarded $ 175 million in attorney's fees and
costs to the plaintiffs» lawyers, Courthouse News Service reports.
However, the
Judge exercised his discretion and declined to make any
costs awards, leaving each party to bear its own
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.
The trial
Judge had found that the refusal to mediate was reasonable in the circumstances; therefore, the Court of Appeal would have had some difficulty in amending the
costs award made in favour of the winning party.
Judges have refused to
award remedial
costs outside of the context of the Insurance Act.
BC Injury Law and ICBC Claims Blog It Is Not Open For a Trial
Judge To
Award a Defendant Double
Costs Where a Plaintiff Obtains Judgement
The
judge, despite refusing the
cost of pot for pain, was not prepared to
award the
cost of the pain program item of future care as he found that the claimant would be unlikely to pursue it.
However, a trial
judge has discreton to dny a plaintiff
costs (fees included) where the judgment could have been rendered in a court of lesser jurisdiction, meaning the compensatory
award is $ 25,000 or less.
Costs if motion to dismiss denied 9 If a judge does not dismiss a proceeding under this section, the responding party is not entitled to costs on the motion, unless the judge determines that such an award is appropriate in the circumsta
Costs if motion to dismiss denied 9 If a
judge does not dismiss a proceeding under this section, the responding party is not entitled to
costs on the motion, unless the judge determines that such an award is appropriate in the circumsta
costs on the motion, unless the
judge determines that such an
award is appropriate in the circumstances.