Sentences with phrase «own substantial indemnity costs»

This strategy came back to haunt the company in the form of an award of substantial indemnity costs as well as an award of nominal costs following the appeal.

In addition, the Court refused to overturn the motion judge's award of substantial indemnity costs.

«The plaintiffs seem to suggest that where five separate motions for summary judgment are brought against it, an unsuccessful plaintiff should not be responsible for more than one - fifth of its own substantial indemnity costs to any one successful party,» Brown wrote.

First Capital's costs would violate the principle of proportionality because they'd amount to more than 50 per cent of the substantial indemnity costs of $ 709,000 incurred by the plaintiffs in defending all five summary judgment motions.

Justice Marshall ordered that all of the parties who participated in the litigation receive their costs from Cynthia's estate on a solicitor / client basis (the Newfoundland equivalent of substantial indemnity costs).

[29] The legislature chose not to provide a specific cost consequence for an insurer's failure to participate in mediation, such as substantial indemnity costs against a losing defendant or deprivation of full costs of a winning defendant.

In some circumstances, such as «where it was evident that the record would be complex or voluminous,» a failure to seek directions may result in substantial indemnity costs at summary judgment.

The respondent father cross-appealed on the costs issue, arguing that he was entitled to substantial indemnity costs.

The amendments also eliminated the presumption of substantial indemnity costs against a party that brings an unsuccessful motion for summary judgment, in order to avoid deterring parties from bringing such motions.

Gordon followed up his trial victory by asking the judge to award him $ 500,000 in substantial indemnity costs.

substantial indemnity costs) that reflects the vast majority of the former employee's legal costs and, in extreme cases, an award of punitive damages.

(4) attempting to unduly minimize the quantum of otherwise usual amounts of costs including substantial indemnity costs on the basis of proportionality, would be, in my view, to sanction under compensation of Plaintiffs for costs legitimately incurred to make many lawsuits uneconomic and could generally discourage Plaintiffs with modest claims, even if valid from pursuing them.

«In our view, the respondents on appeal are entitled to substantial indemnity costs,» wrote Justice John Laskin in today's ruling in

The nature of his allegations justifies substantial indemnity costs.»

Barresi v. Jones LaSalle Real Estate Services, Inc. (2018 ONSC 2579) offer to settle — favourable — substantial indemnity costs — damages for negligent misrepresentation — declaratory Justice C. Aitken

After the owner sought to discontinue the action, the corporation sought to obtain from the owner substantial indemnity costs in the amount of $ 77,497 representing legal fees, disbursements and HST expended by the corporation in the litigation, including $ 20,000 spent in response to the owner's motion to produce and preserve the proxies.

A party can offer to settle an action (or a motion) and will receive substantial indemnity costs from the date of the offer.

When an insurer rejects a plaintiff's offer and proceeds to trial, the insurer risks both a higher damage award at trial and the imposition of substantial indemnity costs after the date of the rejected offer.

(3) Did the motion judge err in principle in awarding substantial indemnity costs as a result of the appellants» conduct prior to the commencement of the litigation?

Finally, in the odd case of Ferreira v. St. Mary's General Hospital, substantial indemnity costs were ordered against a lawyer who had unilaterally commenced legal proceedings, without instructions, in order to oppose the decision of her client's wife and next of kin to withdraw life support from her client.

Not exact matches

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.

Justice Smith considered the success of Vigna at trial, which exceeded the numerous settlement offers, as well as the malice of Levant in his campaign against the Human Rights Commissions, to award costs on a substantial indemnity basis.

The motions judge also subsequently awarded costs against Affinia on a «substantial indemnity» basis, relying on a rule in Ontario's rules of civil procedure which applies where a party has acted unreasonably in responding to a motion for summary judgment.

Mr. Arnone cross-appealed, seeking to increase the damages awarded for wrongful dismissal and to increase the amount awarded for his costs to a substantial indemnity level.

We sanction untowards behaviour in Canada by awarding costs, typically on a partial or substantial indemnity scale.

The jury had awarded damages of $ 350,000, St. Lewis asked the court to award her costs on a substantial indemnity scale of $ 552,706.56 for fees and $ 55,305.97 for disbursements plus HST.

In a recent Ontario case, the judge awarded the victorious employee substantial indemnity of his legal costs, implying that such a result was necessary to punish the employer's conduct.

In dismissing the litigation due to the plaintiff's non-compliance with certain court orders, the court ordered that the plaintiff pay costs on a substantial indemnity scale, but only for the motion in which the inappropriate comments were made.

Following the jury's verdict, Justice Ramsay awarded the plaintiff costs on a substantial indemnity basis (a higher rate than usual) from the date of his offer to settle until the trial, along with costs on a partial indemnity basis (the usual rate) up until the offer, for a total of $ 140,000 plus HST.

In awarding the plaintiff's costs on a substantial indemnity basis Master Short wrote: «I am not satisfied that this motion needed to be brought, nor that it ought to have been brought.»

All costs incurred by Party A after the Rule 49 offer on January 1, including the costs of trial, are to be paid on a substantial indemnity basis.

The Court in Tetra Consulting v Continental Bank et al., 2015 ONSC 6546 recently responded to this employer tactic by ordering Continental Bank to pay costs on a substantial indemnity basis.

In a civil action in Ontario, a formal offer to settle made under Rule 49 of the Rules of Civil Procedure can trigger costs consequences on a substantial indemnity basis, which is a much higher amount than partial indemnity.

(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 would receive its partial indemnity costs until the date of the defendant's offer, but offset by the defendant's substantial indemnity fees thereafter.

Although Rule 49.13 provides judicial discretion for costs, Justice Kent held that the plaintiffs» offer did not entitle them to substantial indemnity.

Costs are generally granted on a partial indemnity basis: about 2 / 3rds of the lawyers full (substantial indemnity) billing rate.

In the case of a Plaintiff, where the Plaintiff makes an offer to settle and where the judgment ultimately obtained is as or more favourable than said offer, the Plaintiff will be entitled to costs on a partial indemnity basis (usually around 60 % — 65 % of the total legal fees and reasonable disbursements incurred) to the date on which the offer was made, in addition to costs on a substantial indemnity basis (usually around 90 % of the total legal fees and reasonable disbursements incurred) thereafter.

The university had requested costs on a substantial indemnity of $ 13,000.

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.

stubborn refusal to accept the Applicants» success set them on a path of deliberate and continual contempt that should attract a costs award on a substantial indemnity basis.

The court fixed costs to be payable by Ms. Masgras on a substantial indemnity basis to the Hospital at $ 19,885.74 and to Dr. Hinkewich at $ 11,642.00.

The respondents sought their costs of the application on a substantial indemnity basis against Ms. Masgras personally.

They were each sentenced to 90 days imprisonment and ordered to pay costs on a substantial indemnity scale.

The Court also awarded costs on a substantial indemnity scale.