Sentences with phrase «one's costs award»

In some respects, cost awards in estate litigation are different from such awards in most other types of litigation.

Parties who are unreasonable tend to have large cost awards made against them.

As far as costs awards at the tribunal go, this was a relatively large award.

It is difficult to determine how many potential class actions have not been advanced due to the expense of litigation and potential cost awards.

One problem with using costs awards is that it's hard to determine the extent to which a given delay should be blamed on the party, or blamed on the party's lawyer.

Of course the lowest cost awards are initially going to be the most attractive.

She did prevail, and the routine costs award statutes make it mandatory to award costs to one receiving a net monetary recovery.

The defendant's choice of tactics not only placed it a risk of being ordered to pay a punitive cost award but would have also significantly increased its own legal costs.

That can mean years of costly litigation, with the potential of a negative costs award at the end.

He lost and had full costs awarded against him.

It is clearly intended to guide the court in deciding what costs award is just.

This appeal decision provides a very thorough discussion from the Court of Appeal on the principles behind costs awards.

This has always been an important consideration when heading into trial, since costs awards can be extremely high.

Costs awarded throughout, and solicitor - client costs at trial.

I would like to see more cases involving costs awards where a judge compares the instant lawyer's rates with the market and down - grades the order accordingly if appropriate.

In this context, statutes can empower regulatory panels to award costs, and to create systems of costs awards.

As a result, an unsuccessful claim could result in a six or seven figure adverse cost award.

Costs awards against counsel, even in small amounts, would quickly end wasteful and delaying tactics.

It levels the playing field when dealing with institutional defendants where a negative cost award is simply a balance sheet item not bankruptcy.

Mr. Justice Greyell recently issued a decision, S.D.H. v. T.H. 2016 BCSC 780, which reminds us of the test for cost awards in the Supreme Court of British Columbia.

The claim was dismissed with costs awarded on an indemnity basis.

The amount of costs awarded by the Federal Court also appears to be catching up to the actual costs of litigation.

Zuk v. Atkinson (2014)-- In this Motion before Justice Lemon of the Ontario Superior Court of Justice, Frank successfully opposed the plaintiff's motion to set aside the August 10, 2012, Dismissal Order of Murray J. as a result of the plaintiff's failure to answer undertakings and to pay costs awarded from previous Undertakings Motions.

Parties that want to hedge their bets against costs awards if they lose, or who need financial assistance to bring a case can apply to Investec for funding in exchange for a cut of the winnings.

The Court was careful to specify that Mr. Leon Lam was not required to pay for his courtroom behaviour alone — instead, Mr. Lam's corporate associates and co-litigants are among those who will bear responsibility to pay the special costs awarded in this matter.

Costs of the appeal of $ 35,000 were awarded against the appellant husband — one of the highest costs awards for a family law appeal so far this year.

However, as to the defendant awarded $ 601,560 in fees and $ 25,002.01, that determination was affirmed — the 20 % fee award out of requested fees and the reduced costs award had adequate substantiating bases in the record.

Vigna claimed substantial indemnity for $ 68,250 as a self - represented lawyer, $ 26,434.54 for fees from Heenan Blaikie, and disbursements of $ 7,516, for a global cost award from $ 50,000 — $ 65,000.

Some judges are getting creative with costs awards by refusing to award costs against a losing Charter litigant.

Andrew has significant trial experience and has helped clients win large indemnity costs awards after major successes.

(3) then, even after Plaintiffs have chosen to take the serious adverse costs risks of such trials, and even after they have been successful at trial and have received costs awards under Rule 49.01 (1) on a substantial indemnity scale;

The plaintiff argued for legal fees of $ 81,278 and reimbursement for disbursements (cases expenses) of $ 121,045 for a total costs award of $ 202,232.

The Court of Appeal refused to order security for costs in respect of the trial cost award because delayed bringing the motion, which prejudiced Trillium.

They submit that $ 475,000, all - inclusive, would be fair and reasonable, having regard to all relevant principles, including the potential adverse impact of a substantial costs award on access to justice

Returning to the McMurter v. McMurter case, the court applied these principles in awarding the wife her legal costs award of $ 30,000, even though she had asked for $ 18,000.

«It is a lamentable motion, because, for a variety of reasons, «nobody» was prepared to provide legal services to Mrs. Henry, unless she obtained an advance costs award for the [request for direction].

Intellectual property lawyers are bracing for change as the federal courts move forward with an effort that could see much higher cost awards as a way of discouraging unnecessary and vexatious litigation.

It is an unfortunate reality for plaintiffs with legitimate claims that the unreimbursed costs of the litigation may well exceed both the damages and a partial indemnity costs award.

In addition, we now live in a climate where tribunals will not only strike out spurious and unreasonable claims but also make significant costs awards against claimants engaging in such vexatious activity.»

As stated in other cases, a special costs award goes beyond indemnity and enters the realm of punishment: 380876 British Columbia Ltd. v. Ron Perrick Law Corp., 2009 BCSC 1209 at para. 14, relying on Fullerton v. Matsqui (District)(1992), 74 B.C.L.R. (2d) 305 (C.A.) where evidence presented by one party was calculated to mislead the judge and jury.

To this end, Rule 49 of the Rules of Civil Procedure provides a framework for the making of settlement offers which can potentially secure a better costs award that could otherwise be obtained at trial.

Although I considered Ms. Danicek to be less than candid, I conclude on a consideration of all factors that no double costs award should be made.

Stay tuned for the upcoming decision on the previous cost award in what may be the final chapter in the Boily saga.

After proving a breach of Pinnacle's Charter rights, Richard received what at the time was the second largest cost award at that time in Canada against the Crown following the withdrawal of charges against his client.