Sentences with phrase «respect to claims where»

[17] The clear default position will be that, with respect to claims where the award is less than $ 25,000, the plaintiff will not be entitled to an award of costs.

Not exact matches

Among them are the rights to: bullet joint parenting; bullet joint adoption; bullet joint foster care, custody, and visitation (including non-biological parents); bullet status as next - of - kin for hospital visits and medical decisions where one partner is too ill to be competent; bullet joint insurance policies for home, auto and health; bullet dissolution and divorce protections such as community property and child support; bullet immigration and residency for partners from other countries; bullet inheritance automatically in the absence of a will; bullet joint leases with automatic renewal rights in the event one partner dies or leaves the house or apartment; bullet inheritance of jointly - owned real and personal property through the right of survivorship (which avoids the time and expense and taxes in probate); bullet benefits such as annuities, pension plans, Social Security, and Medicare; bullet spousal exemptions to property tax increases upon the death of one partner who is a co-owner of the home; bullet veterans» discounts on medical care, education, and home loans; joint filing of tax returns; bullet joint filing of customs claims when traveling; bullet wrongful death benefits for a surviving partner and children; bullet bereavement or sick leave to care for a partner or child; bullet decision - making power with respect to whether a deceased partner will be cremated or not and where to bury him or her; bullet crime victims» recovery benefits; bullet loss of consortium tort benefits; bullet domestic violence protection orders; bullet judicial protections and evidentiary immunity; bullet and more...

Most religons claim that it's neccesary to lead a healthy, pleasent life where you love your neighbor, respect your parents, do nt steal, do nt kill and try to keep it in your pants.

We would preach by our example the respect of superiors and equals, the respect of all men; affectionate simplicity in our relations with inferiors and insignificant persons; indulgence where our own claims only are concerned, but firmness in our demands where they relate to duties towards others or towards the public.

20 Cf. PR 503, where Whitehead claims that the choice of a geometrical theory to describe the uniform metric structure is... to he found by comparing rival theories in respect to their power of elucidating observed facts.»

Except where prohibited: (i) entry into the Promotion constitutes the consent of the entrant, without further compensation, to use his / her name, likeness, biographical data, and contact information for editorial, advertising, marketing, publicity, and administrative purposes by the Sponsor and / or others authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any prize; (iii) any potential winner may be required to sign an affidavit of eligibility (including social security number) and a liability / publicity release; and (iv) if prize involves travel or activities, any potential winner and travel companion (if applicable) may be required to execute releases of the Sponsor from any and all liability with respect to participation in such travel / activities and / or use of the prize.

That parents are the cause of, and so to blame for, their child's self - harm, depression, and suicide is quite a bold claim to make in Palo Alto where many well - respected mental health professionals have taken great care this year to make clear to our community, repeatedly, that that is not the case.

By submitting an Entry, each Participant (whether declared a Winner or not) agrees (and agrees to affirm such in writing) to (i) abide by and be bound by these Official Rules and the decisions of DeliciousBaby on all matters relating to this Giveaway which decisions are final and binding in all respects, (ii) waive any right to claim ambiguity in the Giveaway or these Official Rules, (iii) forever and irrevocably release, discharge, indemnify and hold harmless the Giveaway Entities, and each of their respective officers, directors, licensors, employees, representatives and agents (collectively, the «Released Parties») from any liability, claims, demands, and cause of action from personal injury, loss or damage, including death, or property damage, theft, or loss suffered or resulting in whole or in part, directly or indirectly, from participation in this Giveaway or the use, misuse or acceptance or possession of the Prize or any portion thereof, or participation in any Giveaway - related activity; (iv) grant DeliciousBaby (where permitted by law) the right to use their name on a worldwide basis, in all forms of media, in perpetuity without review or further compensation and, (v) warrant and represent that the use of the materials submitted in this Giveaway will not violate the rights of any third parties.

The MPs went further to recommend that the RDAs should continue in some form in certain areas, claiming «the democratically expressed wishes of local businesses to retain regional coordination should be respected where they are clearly manifested.»

«As insiders, we are in a position to state that the process of vetting in respect of the new NIA DG negates conventional practice, as nobody has visited Chad where he claims to have grown up and schooled to probe into his differential associates, or even his likely espionage roles.

Both Hachette and Amazon are big businesses and neither should claim a monopoly on enlightenment, but we do believe in a book industry where talent is respected and choice continues to be offered to the reading public.

The SPC regime is directed at rewarding patentees with extended monopolies only with respect to patent claims that actually relate to the commercial product, where monopolies have been eaten up by regulatory approval delays.

The listing criteria require that to be eligible for listing the patent must contain, under section 4 (2)(a), «a claim for the medicinal ingredient» or under section 4 (2)(b) «a claim for the formulation that contains the medicinal ingredient», in either case where the medicinal agreement or formulation had been approved through the issuance of an NOC in respect of the Submission.

The BC Appeal Court in Cowper - Smith v Morgan 2016 BCCA 200 allowed an appeal in part to over turn the successful the claim brought for proprietary estoppel at trial by finding that the claim should not be allowed where a non owner of property gave assurances and a reliance thereon with respect to her future intentions based on the assumption she would inherit from her mother the owner., when she might not.

«Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility of the damage».

The motion judge correctly ruled that, where there was no evidence that David Pearlman was in control of the vehicle at the time of the accident or that he gave his consent to Thomas» operation of the vehicle, he was entitled to summary judgment with respect to the negligence claim against him.

In a speech in November 2015, Jamie Symington, Director of Enforcement at the Financial Conduct Authority (FCA) said: «We fully understand and respect the needs and rights of firms to claim and protect their rights to legal privilege where appropriate.

With respect to accident claims associated with such accidents, under normal circumstances, liability would be investigated as it relates to the owner of the home where the accident occurred.

In cases where the local authority have breached a European Convention 1950 right (eg taking a child away in breach of respect for family life: HRA 1998 and Art 8; as happened in CZ (Human Rights Claim: Costs)[2017] EWFC 11, [2017] All ER (D) 146 (Feb), Cobb J) the parties may go on to claim a declaration that a local authority have acted unlawfully (HRA 1998, ss 6 and 7) and that they be paid damages (s 8 (1)-Claim: Costs)[2017] EWFC 11, [2017] All ER (D) 146 (Feb), Cobb J) the parties may go on to claim a declaration that a local authority have acted unlawfully (HRA 1998, ss 6 and 7) and that they be paid damages (s 8 (1)-claim a declaration that a local authority have acted unlawfully (HRA 1998, ss 6 and 7) and that they be paid damages (s 8 (1)-RRB-.

AG Bobek comes to the conclusion that Article 7 (2) of the Brussels I Regulation is to be interpreted to mean that the place of jurisdiction for a claim in respect of the entirety of the harm caused by an infringement of personality rights of a legal person is the Member State where that legal person has its centre of interest.

Another gateway is where the dispute relates to a contract which is governed by English law or contains a term conferring jurisdiction on the English Courts to determine any claim in respect of the contract.

Explanation VI to section 11 of the CPC explains that where persons litigate bona fide in respect of a public right or of a private right claimed in common for themselves and others, all persons interested in such right shall, for the purposes of this section, be deemed to claim under the persons so litigating.

«A defendant may withdraw all or part of the statement of defence with respect to any plaintiff at any time by filing, and serving on all parties, a notice of withdrawal of defence... but where the defendant has cross-claimed or made a third party claim, leave to withdraw must be obtained from the court... «Where a defendant withdraws the whole of the statement of defence, the defendant shall be deemed to be noted in default.&rwhere the defendant has cross-claimed or made a third party claim, leave to withdraw must be obtained from the court... «Where a defendant withdraws the whole of the statement of defence, the defendant shall be deemed to be noted in default.&rWhere a defendant withdraws the whole of the statement of defence, the defendant shall be deemed to be noted in default.»

It is disconcerting that the Court of Appeal in the case of Wood - v - TUI Travel 2017 (not a Hill Dickinson case) dismissed an appeal where the judge at first instance held that section 4 (2) of the Supply of Goods and Services Act 1982 (the Act) could be used against TUI in respect of a claim of contaminated hotel food in order to hold TUI strictly liable.

The litigation involves claims by pension funds or by life companies in respect of their pensions business for compensation where those claimants have received foreign income dividends which carried no right to a tax credit.

In a case where the claimant relies for the purpose of his constructive dismissal claim on a series of quite discrete breaches, but has failed to lodge a grievance in respect of some of them, we can see no reason in principle why he should not pursue his claim insofar as it is based on the remainder».

Although the mere fact that the impugned legislation takes into account the claimant's traits or circumstances will not necessarily be sufficient to defeat a s. 15 (1) claim, it will generally be more difficult to establish discrimination to the extent that the law takes into account the claimant's actual situation in a manner that respects his or her value as a human being or member of Canadian society, and less difficult to do so where the law fails to take into account the claimant's actual situation.

Prior to joining Woodsford, Helena spent time at London law firm Harcus Sinclair LLP, where she worked on a large shareholder claim arising from the acquisition of a commercial bank, as well as trust disputes and claims in respect of misrepresentation and breach of contract.

Where an exempt lawyer provides professional services (as defined in the LAWPRO policy) through an approved program associated with Pro Bono Law Ontario, he or she will have claims coverage up to $ 250,000, and will not be required to pay a deductible in respect of that coverage.

If an application overcomes the hurdles in CA 2006, s 263 (2) the court will then take into account the discretionary factors set out in s 263 (3) which states: «(3) In considering whether to give permission (or leave) the court must take into account, in particular --(a) whether the member is acting in good faith in seeking to continue the claim; (b) the importance that a person acting in accordance with section 172 (duty to promote the success of the company) would attach to continuing it; (c) where the cause of action results from an act or omission that is yet to occur, whether the act or omission could be, and in the circumstances would be likely to be --(i) authorised by the company before it occurs, or (ii) ratified by the company after it occurs; (d) where the cause of action arises from an act or omission that has already occurred, whether the act or omission could be, and in the circumstances would be likely to be, ratified by the company; (e) whether the company has decided not to pursue the claim; (f) whether the act or omission in respect of which the claim is brought gives rise to a cause of action that the member could pursue in his own right rather than on behalf of the company.»

All the particulars, plans, specification, books, vouchers, invoices (where available), duplicates or copies thereof, documents, investigation reports (internal / external), proofs, evidence and information with respect to the claim

I also understand that in case of any mis - statement or suppression of material information or where the Company is not notified of the change in the information with respect to the Life to be Assured, the Company has the right to repudiate the claim under the Policy subject to the provision of Section 45 of Insurance laws (amendment) Act, 2015.

You acknowledge and agree that the provision of counselling services to Clients under these Terms constitutes a contract for the provision of services and not a contract of employment and accordingly you shall be fully responsible for and shall indemnify us for and in respect of any income tax, Value Added Tax, Insurance and any other liability, deduction, contribution, assessment or claim arising from or made in connection with the provision of your counselling services, where the recovery is not prohibited by law.

Prior to the 2007 changes to the Native Title Act, where a group of persons were authorised to be the applicant for a native title claim, it was implicit that the authorisation remained in effect in respect of so many of the persons who remain willing to so act.

Given the gravity of the consequences flowing from a finding that a claimant group is not who they claim (and perceive themselves) to be, and consistent with principles of equality and respect for culture, as well as the intention of the Parliament in enacting the NTA «to rectify past injustices» and establish a «special procedure... for the just and proper ascertainment of native title rights and interests... in a manner that has due regard to their unique character», the Court should, it is respectfully submitted, approach the admission of oral testimonies of native title claimants in ways which accommodate Aboriginal accounts of their histories [85] and are, where appropriate, sceptical in the receipt of written records of the past.

Human rights principles require that where the legal question of prior extinguishment is uncertain, but native title parties maintain a relationship with the land based on traditional law and custom (evidenced, for example, by registration of the native title claim), management and development of those lands should respect the Indigenous parties» rights to those lands, regardless of whether native title legally continues to exist.

Dagar Group, Ltd. v South Hills Mall, LLC (12 A.D. 3d 552)- triable issues of fact exist where brokerage agreement required lease to be signed and delivered by date certain and where no lease was signed and delivered by required date; broker raised triable issues of fact with respect to whether principles were responsible for the failure of that condition by delaying execution of the lease; possession by one party of a right to cancel the lease after it has been executed does not defeat the broker's claim to its commission

(b) in relation to one or more claims that are made in respect of a single responsible brokerage, where the claims relate to conduct that is a course of dealing involving more than one such event,

Reiser, Inc. v. Roberts Real Estate (292 A.D. 2d 726)-- claims that broker breached listing agreement based on extrinsic evidence can not survive the explicit language of the listing agreement granting to broker «full discretion to determine the appropriate marking approach» for the listed properties; broker establishes its entitlement to commission under the listing agreements by introducing uncontroverted evidence that three properties sold as a result of broker's efforts while the listing agreements where in effect; owner's claims of breach of fiduciary duty fail where owner, builder / developer, did not list all of its properties with broker as broker's duty is limited to protecting its principal's interest only with respect to properties which have been listed with the broker; broker's duty to refrain from taking action adverse to its principal's interests is necessarily tied to the transaction that formed the agency relationship; owner's claim of fraud in the inducement under one of two listing agreements survives motion for summary judgment