Sentences with phrase «order costs against»

Hollander v Mooney 2017 BCCA 238 discussed the Court's jurisdiction to order costs against a non-party and held that it is limited to special circumstances such as fraudulent conduct, abuse of process, gross misconduct, or circumstances where the non-party is the «real litigant»: Anchorage Management... Read more

However, the court may adjourn proceedings and may order costs against you if you could have presented the counterclaim earlier and / or the plaintiff is disadvantaged or inconvenienced.

The Court of Appeal affirmed that this statutory provision limits the court's discretion to order costs against the named parties only unless the «person of straw» test is satisfied.

Importantly, the Court of Appeal also held that s. 131 of the Courts of Justice Act does not exclude inherent jurisdiction to order costs against a non-party who commits an abuse of process.

Hollander v Mooney 2017 BCCA 238 discussed the Court's jurisdiction to order costs against a non-party and held that it is limited to special circumstances such as fraudulent conduct, abuse of process, gross misconduct, or circumstances where the non-party is the «real litigant»: Anchorage Management Services Ltd. v. 465404 B.C. Inc., 1999 BCCA 771at para. 21; Perez v. Galambos, 2008 BCCA 382at paras. 17 — 18; and Animal Welfare at paras. 53 — 58.

It would bind the court to order costs against charities, NGOs and other organisations which offer their assistance to the court in public interest litigation in a wide set of ill - defined and broad circumstances that could rarely be predicted at the beginning of a case.

The veto was challenged unsuccessfully at first instance, but last week an appeal court quashed the AG's veto and ordered costs against the government.

The ONCA summarily dismissed his appeal and ordered costs against him of $ 12,000.

In 14 paragraphs, the ONCA dismissed the entirety of the wife's appeal and ordered costs against her of $ 10,000.

Common reasons for ordering costs against a party include:

Justice Dow set aside the findings of liability, including the applicability of the new tort, ordering costs against the defendant of $ 10,000, thereby allowing him to proceed in the defence.

Not exact matches

The woman, Anne Cost, had obtained the order against Mr. Greenberg after, she said, he threatened to burn down her house.

In June»98 a U.S. District Court in Maryland threw out the suit in summary judgment, ordering Antonious to pay Spalding's court costs and issuing a $ 30,000 sanction against Stroup's law firm, Finnegan, Henderson, Farabow, Garrett & Dunner, for failing to do an adequate prefiling investigation of Antonious's claims.

Judge Claudia Wilken, who presided over the O'Bannon case, issued an order declaring that the NCAA and some of the conferences will have to defend the rules against players receiving more than tuition, room and board (and now a cost - of - attendance stipend) in open court in a case brought by a plaintiff group that includes former Clemson cornerback Martin Jenkins and former Wisconsin forward Nigel Hayes.

You agree that to the fullest extent permitted by law you shall defend, indemnify and hold harmless Orlando Stroller Rentals, LLC from and against all claims, damages, losses, costs, and expenses, including, but not limited to attorneys» fees, legal costs and legal expenses, arising out of or resulting from this Agreement (including the performance, breach, or termination of this Agreement), your use of this Website, and / or your order or use of anything available through Orlando Stroller Rentals, LLC and / or this Website, provided that such claim, damage, loss, cost, or expense is not caused by the sole negligence or sole fault of Orlando Stroller Rentals, LLC.

Jonathan Baldie Editor, The Pryer Community orders are not cost - cutting The article «Too Soft on Crime» (TP, June) argued that community sentences are an insufficient deterrent against society's worst repeat offenders.

Operators on The Rock will be forced to cut costs or even relocate in order to stay competitive against unlicensed and untaxed operators.

(Posted 24 December 2011) Significant current scandals, and those yet to come In no particular order Top salaries and bonuses - boardroom and shareholder individual responsibility The multiple between top and average pay Lawyers fees - the cost of the legal process Medical negligence claims against the NHS Care and treatment in the NHS «No win, no fee» personal injury compensation Democracy and the voting system Lords reform Political party funding The domestic energy market and pricing The Tax system and its inefficiencies and complexities Subsidies for new energy generation schemes The amount of crime fuelled by Drugs The availability of drugs in prison.

Consequently the Supreme Court ordered a cost of Ghc500, 000 against Dominion Trustees which was represented by Mr Pianim, as its investment consultant.

Rather than put your «Fuji House of Commotion» in order, you always shamelessly declare that «corruption is fighting back» and that the courts are against the anti corruption fight, as if the courts owe the executive a sacred duty and obligation to help it trample on citizens» rights and win badly prepared and lousily prosecuted cases at all cost.

Former Cabinet minister Chris Huhne has lost a challenge against an order that he must pay # 77,750 costs from his prosecution for passing speeding points to his ex-wife.

Former Eastleigh MP Chris Huhne has lost a challenge against an order that he must pay # 77,750 costs from his prosecution for passing speeding points to his ex-wife.

Other reliefs Mr. Awuah - Darko is seeking includes a perpetual restraining order on the defendants from uttering and publishing any defamatory words against him and also the payment of the cost of his lawyer's fees.

We would recommend to our international customers that they consider insuring the goods whilst in transit and would request that at the time of placement of the order you confirm if you wish to meet the extra cost associated with insuring the goods against damage whilst in transit.

Against orders, Godell continues investigating and learns that cost - cutting in the plant's construction has compromised its safety.

Amazon and Google have had to price their tablets at cost in order to compete with the iPad up until now, but with better prices AND better visuals the competition is more than weighted against Apple for once.

If a judgment is obtained against M Company, it will negatively affect M Company's ability to get credit, M Company will be ordered to pay court costs, and M Company will incur interest at a rate of 10 % per annum.

In addition to covering the costs of a lawsuit against a renter and any damages they might be ordered to pay a plaintiff, renters insurance will also cover medical expenses of others.

However, we have to balance the money we have spent on veterinary costs against what a dog can be adopted for in order to continue helping Italian Greyhounds needing re-homed throughout the country.

I understand and agree that I will pay ABR's costs of recovery, court costs, and attorney fees should ABR be forced to pursue legal action against me in order to enforce this Foster Agreement.

«Our community really responds to the low - cost rabies vaccine program, and dogs that come into our shelter are immediately vaccinated against this disease and others in order to prepare them for adoption,» said shelter director Kate Paris.

The arbitrator ordered both sides to split the $ 40,000 cost of the emergency arbitration evenly and ordered both the hotel owners and Trump to refrain from bringing new challenges against each other until the arbitration is sorted out.

He was also ordered to pay World of Warcraft developer Blizzard Entertainment $ 29,987 for the costs it took to fight against the DDoS attacks.

The next major step is to continue to motivate and engage the movement in order to achieve a large - scale victory against the fossil fuel interests that are still trying to cling to their remaining power base no matter what the ultimate costs to our communities, our economy, and the planet.

Surely, in your life, you create plans that incur costs in order to hedge against «very unlikely» but potentially high - impact events, do you not?

In France and Germany special emphasis has been put in the development of polymeric heat exchange surfaces for thermal desalination, in order to reduce investment costs and increase competitiveness against membrane processes like reverse osmosis [3][4].

The Charlottesville Daily Progress broke the story: Letters Urged Protection of Minorities From Higher Electricity Costs Pointing out that «our state gets 56 % of its electricity from coal,» the letter urged Perriello to vote against the American Clean Energy & Security Act in order to «protect minorities and other consumers in your district from higher electricity bills.»

And while the President lectures us about our sins against the planet, his EPA and other agencies embark on the project to impose penance on us by forcing the closure of coal and other fossil fuel power plants, blocking pipelines, bankrupting the coal mining industry, subsidizing intermittent power sources that can't possibly run a fully operational electrical grid at reasonable cost, and multiplying our cost of electricity by an order of magnitude or so.

The court has a discretion as to whether repayment should be made by a losing payee spouse; and thus for example «to order repayment unconditionally or subject to a prohibition against enforcement against her without further leave»; but such discretion «should certainly not be equated with that of determining the incidence of costs at the conclusion of an appeal».

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.

Whatever the automatically generated bill looks like will then have to be checked against budgets and considered to see whether all of the items contained in it are actually chargeable as per whatever costs order has been made, let alone making a value judgment as to whether the costs are proportionate and reasonable.

In Baxendale - Walker v The Law Society [2007] EWCA Civ 233Laws J said that unless proceedings were «improperly brought» or «a shambles from start to finish» then a costs order against the SRA should not ordinarily be made.

It is not only the company's own legal costs it has to budget for; it also has to assess the risk of losing the litigation and make provision for having a costs order made against it.

Lawyers will also advise on making offers under «Part 36» or «without prejudice save as to costs» to encourage settlement at an early stage and protect against adverse costs orders.

Following a successful claim against a fund manager, the High Court made a non-party costs order against five investors in the fund who had met the costs of the defence, had an interest in the outcome of the claim (which need not be financial), and had control over the litigation by making major decisions.

If you are not wholly successful, that is, if any allegations are proven against you, whether admitted or not, then you can expect to face a costs order.

(b) If a defendant gives such a notice, the court will not make an order for costs against him unless it considers that there was no reasonable ground for opposing the will.»

Seek a freezing order and disclosure order for the account at issue, and start a civil claim against the entity claiming the money the victim has been cheated out of plus interest and legal costs.

The court ordered that the lawyer was to receive 70 % of his costs and the client received 30 % of his costs, and that the costs would be set off against each other.

Non-party costs orders against those who have funded defences are more unusual than orders made against those who have funded claims.