Sentences with phrase «of costs awards»

The lack of costs awards at the Licence Appeals Tribunal (LAT) may scare some injured individuals from fully pursuing deserving claims, says Toronto critical injury lawyer... Read more

In my continued efforts to track the judicial discretion of costs awards following trials with formal settlement offers in place, reasons for judgement were released recently by the BC Supreme Court, Vancouver Registry, addressing costs consequences were a jury award was some 25 % of ICBC's best pre-trial formal settlement offer.

The permissive wording in Rules 9 - 1 (5) and (6) indicates the legislature intended to preserve the historically discretionary nature of costs awards, including an award of costs where an offer to settle has been made.

Third, inmates who must represent themselves because they can not afford a lawyer have no way of knowing how to formulate and write a good habeas corpus application, and the steepest of costs awards will not help to enlighten them.

Furthermore, causation may be a ground for limiting the amount of the costs awarded in the exercise of discretion.

Here, the lack of prejudice and failure to move to strike below were dispositive, resulting in an affirmance of the costs award to the defense.

Unfortunately, the amount of costs awarded is usually in the range of 20 - 25 % of the actual amount of legal fees incurred.

The British Columbia Court of Appeal dismissed the doctor's appeal but varied the quantum of the cost award.

The purpose of a costs award is punitive and not compensatory; such an award is intended to have a deterrent effect and sanction conduct which negatively impacts the integrity of the tribunal's processes.

And in this case, where the modest damages and 95 % of the huge costs will be borne presumably by the management company (unless their solicitors ran the defence on a conditional fee arrangement), the claimant will theoretically end up paying a percentage of the costs award herself out of her share of the management fund, added to which inter-lessee relations will hardly have been improved by this appreciable charge to the fund to which all must contribute.

He failed to pay any of the costs awarded against him.

Meanwhile, Platnick asked the judge to lessen the «harshness» of the costs award he would have to pay the other side under the new law, but Dunphy refused.

This duty goes beyond mere strategy, such as making offers to settle to maximize the chances and quantum of a costs award or to simply comply with mandatory or contractual mediation requirements.

Justice Metivier awarded the Township costs of $ 180,000.00 (the «Costs Award») and ordered that, pursuant to rule 57.07 (1) of the Rules of Civil Procedure, 4 Mr. Bickley was personally responsible for 40 percent of the Costs Award on a joint and several basis with his client.

The Court therefore ordered that the lawyer was entitled to the balance of the costs award, after the deduction of all disbursements incurred by the claimant while self represented.

The wife wanted as much of the costs award as possible to be enforceable by FRO.

Some argue that the availability of a costs award protects people from aggressive self - represented litigants who may be advancing spurious claims, but there is also the view that the cost rules benefit aggressive (represented, richer) litigants who litigate against (poorer) self - reps — because the represented litigants know they aren't at risk of costs consequences when they litigate the self - rep, so they can litigate with impunity.

Of greater interest was the appeal of the costs award, as it scrutinized the propriety of the steps engaged in by the plaintiff's lawyer.

I've been pushing for greater judicial scrutiny of conduct, and mandatory consideration of cost awards, for some time.

Curran McNicol will participate as one of the speakers at An Overview of Cost Awards.

The Defendant was awarded costs with Madam Justice Ross giving ICBC the benefit of this costs award.

Highlights include a review of the new changes to the Tariff coming into effect this month and broader issues such as the theoretical underpinnings of cost awards and access to justice concerns.

A reasonable Offer to Settle is a major consideration when deciding whether costs are awarded and if so, the scale of a costs award.

Since most personal injury lawsuits are defended by ICBC (or other insurance companies) do they get the benefit of a costs award when they are on the winning side of a lawsuit or do the costs get paid to the insured Defendant?

Before the appeal was heard, but after the appeal was perfected and all appeal materials were filed, GM brought a motion for security for costs for (i) payment of the costs award from the trial, and (ii) the anticipated costs of the appeal.

Application of PIAC and CAC — Review and Variance of Telecom Order CRTC 2015 - 194 - Determination of costs award with respect to the participation of the Consumers» Association of Canada and the Public Interest Advocacy Centre in the proceeding leading to Telecom Decision 2015 - 70 regarding the expiry of certain time - limited exogenous factors

Why should one litigant subsidize another in the form of a costs award if the other litigant has over-paid?

These obligations go far beyond mere strategic decision making in litigation, such as making offers to settle to maximize the chances and quantum of a costs award after trial, or to simply comply with mandatory or contractual mediation requirements.

The appellant also appeals against that portion of the costs award that granted costs to the respondent on a substantial indemnity basis from the date of its offer to settle.

The fee portion of the costs award totaled $ 1,503,466.

The trial judge failed to consider the fairness and reasonableness of the costs awarded and did not provide an adequate justification for the striking disparity in the costs incurred by the parties.

In this case, the motion judges» three factual findings of: (i) the need for the father to pursue lengthy custody and access litigation in order to have any relationship with his children; (ii) the mother's failure to pay anything toward the costs ordered by the Court of Appeal; and (iii) the fact that the mother thwarted the enforcement of the costs award by reneging on assurances she made to the court about her intent to pay the costs and not use bankruptcy to thwart that payment, ground the finding of prejudice.

The current appeal is in relation to a subsequent motion brought by the father for an order annulling the bankruptcy or, alternatively, lifting the stay under s. 69.4 of the Bankruptcy and Insolvency Act (the «BIA»), and authorizing the father to continue his enforcement of the costs award against the mother's registered assets.

(iii) when the court restrained the mother from disposing of her RRSP's or dissipating assets and allowed the review hearing to proceed without the payment of the costs award, the court and the father relied on the mother's representations in her affidavits that she intended to pay the costs and that she did not intend to thwart that payment by making an assignment into bankruptcy.

For most areas of family law there is no risk of a costs award being made, but if you take an unreasonable position on interim maintenance, you could find yourself not only having to pay interim maintenance but also all the legal fees associated with the application.

Not exact matches

«The award of costs that is just and appropriate in the circumstances and would do justice between the parties is $ 3,500.»

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.

Gail Patterson, director of Unlimited Future, says that since the cafés started, six business sponsors have contributed $ 500 each to defray marketing costs and to help ensure an award of at least $ 300 to the winning entrepreneur.

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.

Iron ore miner BC Iron has continued its run of cost saving initiatives at its Nullagine operation by awarding a $ 40 million road haulage contract to QUBE Holdings.

BriefCam, Ltd., in which the Company has a $ 3.1 million investment reported in the Company's consolidated financial statements at cost basis, recently announced 100 % revenue growth in 2017, the release of its next generation video content analytics platform and receipt of Security Today's 2018 Platinum Govie Award for video analytics.

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.

Would executives be so quick to lay people off if, instead of being awarded for the short - term cost savings, they were held accountable for the long - term consequences of that decision?

However, the United award chart shows that business class saver tickets only cost 60,000 each way, or 120,000 round - trip for the same exact flight, a quarter of how many miles or points you would have needed with cash back or a statement credit.

Regardless of what happens to the cash price of a United ticket, an award ticket will cost one of two possible amounts: a «saver» level price in miles, and a «standard» price.

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.

Pell Grants may be awarded up to $ 5,920, depending on the cost of attendance, financial need, enrollment status, and time in school.

This award will defray some of these costs, the Justice Department said in a news release.

As of June 30, 2015, there was $ 178.6 million of total unrecognized compensation cost related to outstanding stock options and restricted stock awards that is expected to be recognized over a weighted average period of 3.51 years.

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