Sentences with phrase «public policy considerations apply»

The modern approach requires the courts to carefully scrutinize the litigation and to follow the «loser pays» costs rules that apply in general civil litigation, unless public policy considerations apply.

As noted by one jurist [1], to the extent that it was not clear prior, the Ontario Court of Appeal made it abundantly clear in McDougald Estate v. Gooderham [2] that the modern approach to fixing costs in estate litigation is to carefully scrutinize the litigation and, unless the court finds that some public policy consideration applies,... read more

Not exact matches

The test asks the following three questions: whether the disclaimer or privilege clause applies to the facts, whether the clause itself is unconscionable and therefore unenforceable, and whether the clause should be voided due to public policy considerations.

The court accepted that the unions wanted to ensure that all employers active in the Swedish labour market had to pay wages (and apply other terms and conditions) in line with those usual in Sweden, to establish fair competition on an equal basis between Swedish and foreign employers, but then said directly that none of those considerations constituted sufficient grounds of public policy, security or health, and so justification had not been established.