The Court of Appeal has upheld a double
legal costs award against the Province of British Columbia after the Province lost a claim against a private BC company (British Columbia v. Salt Spring Ventures Incorporated, 2015 BCCA 343).
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 Ontario Court of Appeal recently upheld a decision to
award GasTOPS (a company that provides engineering consulting services for maintaining jet engines and develops software to assess engine performance) $ 12 million, plus interest and
legal costs.
C corporations can also deduct fringe benefits such as qualified education
costs, group term life insurance up to $ 50,000 per employee, employer - provided vehicles and public transportation passes, pre-paid
legal assistance, child and dependent care, discounts on company products and services, and qualified achievement
awards.
If you are involved in an incident causing injury or property damage that was (or is alleged to have been) your fault your insurance cover may indemnify you in respect of the
legal costs of defending a third party claim and any resulting damages
awarded against you.
Only an infantile lawyer like Okudzeto Ablakwa would refuse to cut his losses as I did when he knows that governments in Ghana do not pay for any fees associated with filing and prosecuting civil cases except
legal costs, damages, and other
awards.
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.
11.5 You undertake to indemnify us and keep us at all times fully indemnified from and against all actions, proceedings, claims, demands,
costs (including without prejudice to the generality of this provision our
legal costs),
awards and damages however arising directly or indirectly as a result of any breach or non-performance by you of any of your undertakings, warranties or obligations under these terms and conditions.
These
awards help to offset the
cost of your
legal education while making a wide array of
legal jobs possible.
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 Washington Supreme Court held that a full
award of all
costs and fees, including expert expenses, was justified where the surety compelled King County to assume the burden of
legal action to obtain the benefit of the performance bond.
Neille Ryan, partner at Furley Page, said: «Whiplash
awards will be slashed to a few hundred pounds and almost no
legal costs will be recoverable by most claimants, who will have to pay lawyers themselves out of their damages, or take on the insurer and their solicitors alone.»
It is increasingly necessary to provide evidence to the court as to the amount of the actual
legal fees, versus what ordinary
costs would amount to, so as to persuade the court that it may be unjust if special
costs or increased
costs were not
awarded.
The court found that the actual
legal fees incurred were approximately $ 165,000, while
costs at scale 3
awarded only $ 36,300, and
costs at scale 4 (now abolished) only $ 45,250.
This development is unfortunate in that the Courts now have one less discretionary tool with which to fashion
cost awards that approach the appropriate level of indemnity for
legal fees incurred.
Unfortunately, the amount of
costs awarded is usually in the range of 20 - 25 % of the actual amount of
legal fees incurred.
Cost awards are the amount of monies that a Court
awards one litigant against another as a contribution towards
legal fees incurred.
The successful party is usually
awarded costs, but this does not mean the other side will pay all of their
legal fees.
In a case involving a sexual harassment complaint, the Supreme Court of Canada has ruled that the Canadian Human Rights Tribunal does not have the authority to
award legal costs.
But this challenge and the court's unexpected turn - about on
awarding costs have added thousands more in
legal expenses.
The proof of that future loss is sometimes a difficult task and usually involves medical assessment and / or actuarial assessment); d. past care
cost (if you have spend money for your medical care that was made medically necessary owing to ICBC motor vehicle accident injury then you can expect to collect a sum of money equivalent to those reasonable treatment and medication
costs please ensure that you keep the receipts and seek prior medical approval to eventually prove this loss); e. future care
costs (if you will suffer repeated medical expenses in the future owing to your motor vehicle accident ICBC injury claim then you can collect a sum of money equivalent to that future loss); f. out of pocket expenses or «special damages» (if you suffer out of pocket expenses like for travel to / from medical appointments, cab fare, parking, etc, then this is also recoverable by you but again — keep track of these expenses in a log and keep a receipt book for later proof of this loss); g.
legal costs (sum of the
legal costs associated with advancing your injury claim are recoverable as the court system recognizes that often
legal experts, lawyers and their agents are a necessary part of the process); h. other categories of damages: not discussed here are other categories of damages like «in trust claims» made largely for those who relatives who take care of you while you are recovering from your injuries or things like «loss of ability to enter an economically interdependent relationship» which might be
awarded to a seriously disfigured potential spouse for his / her unlikely ability to become married in the future.
In its ruling, Supreme Court justices Louis LeBel and Thomas Cromwell wrote: «In our view, the text, context, and purpose of the legislation clearly show that there is no authority in the Tribunal to
award legal costs and that there is no other reasonable interpretation of the relevant provisions.
One (relatively trivial) example I regular cite of evidence that
legal research is important are the various court decisions cited in Chapter 1 of my
legal research book where courts have
awarded costs for conducting online
legal research.
The Attorney General of Canada applied for judicial review at the Federal Court regarding the tribunal's jurisdiction to
award legal costs.
The Bench FZE's creative business model that helps cut
legal costs and gives lawyers a greater share of client fees saw it grab the innovation
award title.
The court made an
award to the half - sister;
legal costs swallowed most of the money.
Robert's brother, Vincent, was earlier
awarded # 3m in damages and # 3m in
legal costs by the SFO.
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Unfortunately, under the LAT rules there is no discretion to
award legal costs to a successful claimant unless it is established that the insurer acted «unreasonably, frivolously, vexatiously or in bad faith», which is an extremely difficult hurdle to overcome.
Until the new UAE Federal Arbitration Law is enacted, enforcing an onshore Dubai - seated arbitration
award through the Dubai courts will continue to be fraught with difficulties, including uncertainty (there is no system of binding precedent in the UAE), significant delay (enforcement proceedings can take up to three years), and
costs (
legal costs are not recoverable in the Dubai Courts).
After applying the various established factors that must be considered in
awarding costs (including the importance and complexity of the issues, and the unreasonableness of each spouse's behavior in the case), and after considering additional factors including any possible financial hardship that might be endured by the husband, the court concluded that $ 950,000 in
legal costs incurred by the wife should be paid by the him, plus pre-judgment interest of another $ 55,000.
[29] Self - represented litigants whose aim it is to protract court proceedings to force the other side to expend significant resources on
legal costs due to scurrilous allegations that are without any evidentiary foundation and are entirely irrelevant to the issue before the Court will meet the hammer of a
cost's
award.
Moreover, while
costs awards are intended to make a successful litigant whole,
costs in the Federal Court are determined in accordance with the Federal Courts Rules, which prescribe fixed dollar amounts for various steps in the litigation process regardless of the actual
costs incurred: Litigants can only expect to recover approximately 25 per cent of their actual
legal costs in complex cases.
Citing Indiana Code Section 31 -17-2-15, it ruled that because the parents could communicate without being hostile, it would be in the best interests of the children to
award joint
legal custody, as well as overnight stays on Sundays, and additionally reduced his support payments from about $ 250 a week to $ 150 a week, based on the increased amount of time he was spending with the children and the fact that the mother's pay had increased and the
cost of child care had gone down.
In this personal injury case involving two motor accidents occurring 6 months apart (Wang v. Dhaliwal, 2014 BCSC 1662) the court
awarded two set of
legal costs totaling $ 13,000 in addition to the $ 59,000 out of court settlement.
ICBC opposed arguing that the arbitrator «has no jurisdiction to
award costs that would include
legal fees ad disbursements in the Washington State action ``.
Dealing first with the issue of the nature of
costs that I can properly
award, I find that as a result of section 148.2 (2) and section 148.2 (3) of the Regulation, I am constrained to only
awarding party and party
costs and I am not permitted to
award actual reasonable
legal fees as specified in section 11 (2)(a) of the Commercial Arbitration Act.
In a stunning act of judicial deference this keen use of the broad discretion to
award costs has allowed a personal injury claimant to recovery the
legal costs of a claim despite dismissal of the action.
A lawyer who sued her former client for $ 3,937.50 for unpaid
legal fees has had $ 7,000 in
costs awarded against her, and the matter has yet to reach trial.
In lengthy reasons, the Law Society of Upper Canada appeal panel halved the sanction imposed on Joe Groia, eliminated the
costs award against him (with a new
costs award to be determined through a subsequent proceeding), and reversed many of the
legal determinations made in the original panel.
He recovered a damages
award and
costs that together totalled 30,000 pounds less than his
legal bill.
The
award comes on the back of the firm's success at the 2015
Legal Innovation
Awards, when it was recognised for the development of an iPhone app that allows clients to view documents, keep track of
costs, pay bills online, diarise key dates and contact their lawyers.
A recent family law decision applied the existing
legal principles relating to the
awarding of
legal costs to self - represented litigants.
In addition, the tribunal
awarded her
legal costs, in the amount of $ 47,000.
[67] Finally, reference to provincial and territorial legislation tended «to confirm the view that the word «
costs» is used consistently when the intention is to confer the authority to
award legal costs.»
There are no submissions, or black tie dinners that
cost thousands of dollars to attend - the
awards are handed to the elite
legal practitioners, based on the most comprehensive research into the US
legal market.
The
award amounted to twenty (20) months» notice, and the employer was also ordered to pay Ms. Brake's substantial
legal costs, which the Ottawa Citizen reported to be «$ 120,000.»
Altus Group Ltd. now faces the prospect of not only paying a $ 100,000.00 punitive damage
award, wrongful dismissal damages and Gordon's
legal costs but also dealing with the reputational damage of having been publicly punished for having engaged in a highly unethical business practice.
[55] Many tribunals have the power to
award expenses, and a finding that the human rights tribunal is entitled to
award legal costs would surely resonate throughout federal and provincial administrative structures.