Justice Laskin refused to reduce the $ 200,000 for aggravated damages against the employer or remove it on the basis
of double recovery.
While recognising the danger
of double recovery the Court of Appeal emphasised that it was:
The one important caveat to this conclusion was that it applied «provided that there was no real risk
of double recovery».
In that case, Mr. Justice Willcock found there was no risk
of double recovery as the evidence showed that the program was intended to be an insurer of last resort and would not provide benefits where a tort award provided compensation for those costs.
That permits the avoidance
of double recovery through the deduction of state benefits, such as under the Social Security Recovery of Benefits Act 1997 and it also takesinto account any interim payments made under a victims comprehensive policy of insurance.
Not exact matches
NEW YORK, N.Y. — Yum Brands says a key sales figure for China dropped 19 per cent in May, as the parent company
of KFC began to see signs
of recovery from the
double whammy
of a bird flu scare and an earlier controversy over its chicken supply.
Double moreover, as your staff was among the first to show, the prolonged weakness
of the
recovery is itself partly responsible for the decline in potential.
It is
double irony that Canada who led the charge along with Germany in the resurgence
of fiscal austerity is now depending entirely on the
recovery in the U.S..
The research team, led by Glyn Howatson and Phillip G. Bell at Northumbria University in the U.K., conducted this
double - blind, placebo - controlled study to identify the effects
of Montmorency tart cherry juice on
recovery from a metabolically challenging exercise: prolonged, high - intensity cycling.
This
doubles the participation
of EPA's Food
Recovery Challenge in 2013, since eleven New England colleges and universities were already participating in the challenge.
Should this new
recovery timetable be more accurate, it would rule him out
of the
double header against Napoli in the Champions League, as well as a meeting with Arsenal at the Etihad on November 5.
Tom Elliott led a
recovery of sorts, but Oxford again struck a quick
double blow when Agarawl had Matt Hickey caught by Kennedy on the point boundary.
This study used a randomized controlled
double - blinded design to determine the functional
recovery effects
of wearing below - knee compression socks compared with placebo noncompressive below - knee socks.
Among the achievements
of LITRG under Anthony Thomas have been greater protection for vulnerable taxpayers when Direct
Recovery of Debt was introduced, the near
doubling of Rent - a Room relief and helping persuade Parliament to scrap the proposed changes to tax credits in 2016.
Tories, cheered by growing signs
of economic
recovery, have to concede that the cards remain stacked against them — a point rammed home by Lord Ashcroft's poll
of Tory marginals showing a
double digit Labour lead fuelled by a UKIP surge that is far from dissipated.
If elected, Mr. Giardina pledged to evaluate current law enforcement programs and policies for interdiction and intervention; support 12 - step programs for addiction
recovery;
double the number
of children and teenagers involved in after - school and sports programs sponsored by schools and faith and community - based groups; establish mentorship, apprenticeship, and internship programs that link East Hampton's youth with year - round homeowners and those who visit seasonally; create a volunteer program for those in
recovery to be reintegrated into the job market; triple the number
of police, firefighters, educators, and medical personnel trained to administer Narcan, and investigate the establishment
of an easy - access residential treatment facility available as an alternative or supplement to incarceration.
Although the economy formally grew by 0.5 per cent in the first quarter
of 2011, in line with expectations, this was widely regarded by analysts as confirmation that the underlying
recovery is fragile at best, and that the economy has escaped a relapse into a «
double - dip» recession only by the narrowest
of margins.
More importantly, those in the dose - reduction group had more than
double the chance
of achieving what psychiatrists call «functional
recovery» — 40 versus 18 per cent (JAMA Psychiatry, vol 70, p 913).
The company's original tertiary target for the SCiStar study, after observing the safety and activity
of AST - OPC1, was that 45 - 50 %
of study subjects would recover at least 2 motor levels on at least one side at 12 months, which is approximately
double the rate
of spontaneous
recovery expected based on a similarly matched population and published literature.
In a
double - blind, sham - controlled, cross-over study, Thibaut et al (2014) examined the effects
of left dorsolateral prefrontal cortex tDCS (DLPF - tDCS) on Coma
Recovery Scale - Revised (CRS - R) scores in severely brain - damaged patients with disorders
of consciousness.
They will also almost
double the amount
of drug disposal units — kiosks where you can safely dispose
of unused prescription medications — and are dedicating $ 2 million to treatments and
recovery services for addiction.
Fluid requirements can
double during
recovery and even a dip
of just 2 percent
of your water means you are dehydrated,» explains Myers.
In this model, middle intensity work (like rugby training or matches) should be avoided for the majority
of the programme because it has the
double edged drawback
of not being intense enough to optimally develop strength, speed or power, but too intense to facilitate
recovery and adaptation.
Correspondingly, the five phases that can be described between these positions are as follows: (1) the first pull happens between the ground and when the bar reaches knee level and is initiated by knee and hip extension; (2) the transition happens when the barbell is between knee level and the power position and involves a shift in the position
of the body relative to the barbell, which involves a brief period
of knee flexion and is therefore referred to as the
double knee bend (Enoka, 1979; 1988); (3) the second pull is the most powerful phase
of the lift and occurs while the barbell is between the power position and the lifter is in triple extension; (4) turnover occurs as the lifter quickly drops down under the bar from the triple extension position to the catch position, in a deep front squat; (5)
recovery into the standing position occurs as the lifter stands from the catch position to upright.
The research team, led by Glyn Howatson and Phillip G. Bell at Northumbria University in the U.K., conducted this
double - blind, placebo - controlled study to identify the effects
of Montmorency tart cherry juice on
recovery from a metabolically challenging exercise: prolonged, high - intensity cycling.
He said: «One
of the things that we have been finding from our research is that judicious use
of enzymes can actually reduce the inflammation associated with DOMS, which increases
recovery and therefore increase muscle growth — it can almost
double it.
The Louisiana department
of education reported last week that «the most improved district in the state... is the
Recovery School District (RSD) New Orleans, where the proficiency level has more than
doubled, from 23 percent in 2007, to 51 percent in 2012.»
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Double - Wishbone Aluminum Suspension Rear Multi-Link Integral - V Aluminum Suspension Brake Energy Regeneration To Convert Kinetic Energy Into Usable Electrical Pwr 4 - Wheel Ventilated Disc Brakes W / Electronic Brake Proportioning Twin - Tube Gas - Pressure Shock Absorbers Vehicle - Speed - Sensitive Variable - Assist Variable - Ratio Rack - & - Pinion Power Steering Auto Start - Stop Function Aluminum Front & Rear Subframes Electromechanical Parking Brake ** Preliminary Standard Equipment ** Front - Seat Side - Impact Airbags 3 - Point Safety Belt System - Inc: Alr In All Passenger Positions Rear - View Camera Child Safety Rear Door Locks Anti-Lock Braking System (Abs) Driver & Front Passenger Dual - Threshold Dual - Stage Front Airbags W / Passenger Occupant Sensor Front & Rear Head Protection System (Hps) Corona Ring Integrated Daytime Running Lights Front & Rear Park Distance Control W / Graphic Display Emergency Interior Trunk Release Handle Front Safety Belt Automatic Pretensioners Acoustic Belt Warning Active Protection Bmw Assist W / Enhanced Bluetooth & Usb - Inc: (4) Years
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Of Alternator Fuel Pump & Starter From Battery Automatically Unlocks Doors Turns On Hazard & Interior Lights Tire Pressure Monitor Active Knee Protection
For 2015, Audi has
doubled the output
of its energy
recovery system, with the cockpit - mounted flywheel now sending 4 megajoules per lap to the 272 - hp front axle motor.
Management at Hertz sees an opportunity for
double - digit growth in at least four
of its businesses: its off - airport rental business, the vehicle leasing business, the leisure rental cars business — through its Dollar and Thrifty brands — and the equipment rental business driven by a
recovery in non-residential construction and tuck - in acquisitions.
As a result, traders can now observe a nearly perfect
double bottom formation that is yet to confirm itself by rising above the highs
of July failed
recovery.
In a
double blinded (owners and veterinarians were blinded), placebo - controlled clinical trial, which followed the
recovery of dogs after cruciate ligament surgery for 6 months, fed Purina Proplan Veterinary Diets JM Joint Mobility had reduced lameness, reduced inflammation on the operated joint, and reduced progression
of arthritis comparted to dogs fed a commercial adult dog food (pedigree used).
However, research has shown that stem cells administered in conjunction with surgery actually
doubles the pet's chances
of a full
recovery.
Her Grappling Beam captures foes and latches on to walls, and the Screw Attack drags foes upwards in a series
of spins that
doubles as a
recovery move.
Everybody is concerned about a
double - dip recession but I'm more concerned that what
recovery we've seen so far is a «dead - cat bounce» where we get stuck in an era
of perpetually high unemployment because we're not addressing long - term challenges.
Even with warming
of 2 °C, we can expect to see adverse effects on water availability in critical river basins, a more than
doubling of forest fires in Amazonia by 2050, impacted coral reef
recovery from bleaching events, among other effects.
The legal backdrop is the law
of «
double recovery» or «collateral benefits» in personal injury actions.
Reasons for judgement were released last week by the BC Supreme Court, New Westminster Registry, with the «curious result»
of costs
recovery at over
double the amount
of assessed damages.
Involved a dispute over the application
of the rule against
recovery by a shareholder
of reflective loss, and a
double derivative claim made in respect
of a Cayman company with a BVI parent.
[38] Ms. Ellis on behalf
of the wife argues that the case at bar is «on all fours» with Boston and that
double recovery may be avoided here by «focussing» on the undivided portion
of the husband's annuity.
The court upheld the trial judge's allocation — even though it was done as a lump sum under multiple benefit categories — because she adhered to the policy objective set out in the Insurance Act
of avoiding
double recovery.
(ii) «
Double recovery»
of expenses is also possible in successive periods.
(i) «
Double recovery»
of expenditure is difficult to establish but clearly possible.
(iii) «
Double recovery»
of expenses is also possible in situations where MPs are either personal partners or share accommodation.
There is no risk that there is any chance for
double recovery of these disbursements by these claimants and I reiterate they are subject to the test
of reasonableness.
While this is just the passage on
double recovery, the highlighted term can nevertheless be understood to be a description
of the
recovery the first sentence allows.
-LSB--RSB- It is plain that the legislative intention is to prevent
double recovery, that is, to prevent a plaintiff from recovering the same amount
of monies both by way
of the defendant through a tort action and by way
of no - fault insurance coverage.
Therefore, the courts are reluctant to award both moral and punitive damages and will do so only in exceptional cases, because
of the concern that an award
of both would represent
double recovery for the plaintiff.
They say that to allow a capital sum as part
of the award to fund expenses that will eventually be repaid by a government funded programme will result in
double recovery.
Often times, firefighters and police officers may be entitled to other rights and benefits outside
of the workers» compensation laws that require a coordination
of benefits so as to maximize any potential exposure to offsets or
double recovery.