Sentences with phrase «representative plaintiff in the case»

The representative plaintiff in the case is Victoria resident Erin Sherry, who wanted out of a CIBC (TSX: CM) mortgage when her marriage dissolved.

Not exact matches

Both the trial judge and the Court of Appeal held that the case was adversarial, and was not being brought for the benefit of or in the interests of the plan as a whole, but for the particular class of plan members representative by the plaintiffs.

In this case, the plaintiffs, joined by the Puerto Rican government, were seeking a declaration that they had the right to elect a member of the House of Representatives.

In this case, it is in the interests of the representative plaintiff and members of the class that the action proceeds without any further appeals so that the merits of the action can be determined within a reasonable timIn this case, it is in the interests of the representative plaintiff and members of the class that the action proceeds without any further appeals so that the merits of the action can be determined within a reasonable timin the interests of the representative plaintiff and members of the class that the action proceeds without any further appeals so that the merits of the action can be determined within a reasonable time.

In this case, in the exercise of his discretion, the learned chambers judge, who was also the case management judge, decided that the interests of justice favoured disclosure and ordered that the clinics and doctors provide the representative plaintiff with the names and contact information of those individuals who were injected with Dermalive, a cosmetic filler, which is alleged to have caused granuloma, a medical conditioIn this case, in the exercise of his discretion, the learned chambers judge, who was also the case management judge, decided that the interests of justice favoured disclosure and ordered that the clinics and doctors provide the representative plaintiff with the names and contact information of those individuals who were injected with Dermalive, a cosmetic filler, which is alleged to have caused granuloma, a medical conditioin the exercise of his discretion, the learned chambers judge, who was also the case management judge, decided that the interests of justice favoured disclosure and ordered that the clinics and doctors provide the representative plaintiff with the names and contact information of those individuals who were injected with Dermalive, a cosmetic filler, which is alleged to have caused granuloma, a medical condition.

Class actions are designed to save Court time and to allow one judge to hear a representative case (s) once and to make one decision on the representative case which is binding on all the plaintiffs grouped in the class.

Standard practice in these cases is for plaintiff's counsel to examine a city or municipality representative to ensure that slip and fall prevention procedures and protocols were followed and that the minimum standards were met.

The plaintiff in the case of Maree v. Willow Park Health Care Center is the personal representative of the estate of a woman who died while she was a patient at a long - term nursing facility operated by the defendants.

To the extent that extrinsic restrictions on class actions — i.e., limits on the ability of representative plaintiffs to appeal certification orders (as in Baker), and jurisdictional restrictions on bringing cases in «plaintiff - friendly» jurisdictions (as in Bristol - Myers)-- were tightened, class actions will become harder to maintain and litigate.

In this case, there are four representative plaintiffs: Prakash Basyal, Arthur Gortifacion Cajes, Edlyn Tesorero and Bishnu Khadka.

A recent example of Anne's work was a project involving researching and writing numerous briefs for the plaintiff international food company in a case brought against the U.S. Trade Representative for damages arising from the wrongful imposition of retaliatory duties, which the plaintiff food company won on summary judgment.

Instead of starting separate lawsuits or having each plaintiff named in the case, the representative plaintiff can pursue the claim on behalf of the class.

Joseph P. Day Realty Corp. v. Chera (308 A.D. 2d 148)- broker's complaint for commissions reinstated where questions of fact exist as to whether broker was the procuring cause of a commercial tenant and if there was an implied contract which arose from landlord's acceptance of the benefits of broker's services; broker must plead and prove a contract of employment, express or implied, and in the absence of an express contract, an implied contract may be established in some cases by the mere acceptance of the labors of the broker; broker failed to establish that it was a third party beneficiary of lease agreement between landlord and tenant where provisions in lease merely provided for indemnification between the parties and did not expressly set forth that one party would be obligated to pay the broker's commission; indemnification provisions in the lease agreement do provide evidence of implied contract of employment with landlord where landlord agreed to indemnify tenant against brokerage commission claims from all brokers including plaintiff and where, to the contrary, tenant's reciprocal indemnification excluded plaintiff; triable issues of fact exist as to whether broker was the procuring cause where broker introduced the parties, showed the space to tenant's representatives, was involved in weekly negotiations with the parties over the lease terms, conveyed offers on behalf of tenant to landlord and participated in the meeting with the landlord and tenant at which the lease terms were finalized