Sentences with phrase «special costs»

The term represents a general and all - encompassing expression of the applicable standard for an award of special costs.

The plaintiff's application for costs was dismissed, however the defendant's application for special costs was granted.

If you refuse financial disclosure or hide your assets, you risk the judge granting your entire family savings to the other spouse and ordering special costs against you.

The court awarded special costs in favour of the insured for both the third party proceedings and defence expenses in the personal injury action already incurred by the insured.

If not, you may be required to pay special costs.

We also provide special costs on several versions, which may be found on our new specials page.

The court found that if special costs were awarded, there would be no monies left in the estate for the beneficiary.

Thus they must pay both their own costs and often special costs for the successful heirs.

After referring to two exceptions to the «usual rule» regarding special costs, the court effectively created an additional exception for cases of unlawful denial of coverage by an insurer.

The reservation of the defendants» right to seek special costs from the plaintiff after the acceptance of the offer is antithetical to this objective.

Our Surrey Separation Agreement Lawyers recently obtained special costs from a non-disclosing party for a Bc Supreme Court action and our Surrey separation agreement lawyers also had the opposing party's pleadings struck for failure to obey court orders and and further orders limiting their participation at trial.

Alan Dutton took the transnational corporation to court, demanding recognition by the court of the Kinder Morgan suit as a SLAPP suit and settlement with special costs.

The court did not find that the allegations advanced were so reprehensible or seriously prejudicial to the executor so as to warrant special costs, and accordingly the court awarded only scale 3 costs against the applicant.

With the support of fellow BROKE members Dutton filed his mid-December application for a summary judgment to include dismissal of Kinder Morgan's damage claims and an «Order for special costs payable by the Plaintiff to the Defendant.»

To obtain special costs, the mother had to show that the father's behaviour was deserving of rebuke based: reprehensible conduct or conduct that is deserving of reproof or rebuke: Garcia v. Crestbrook Forest Industries Ltd. (1994), 9 B.C.L.R. (3d) 242, 119 D.L.R. (4th) 740 (C.A.).

The Moran Report recommended a mandatory special costs award to a successful defendant (applicant) under anti-SLAPP legislation (at para. 44):

We successfully argued 100 % reapportionment of the home to the wife's favour, we obtained over $ 100,000 for damages the husband had caused to the home in addition to being awarded special costs which are extremely rare in Family cases.

Projects may also include special cost or energy analyses, models and tenant - related design.

During its anniversary year, the Grand Central Oyster Bar is featuring a daily special costing $ 20.13, along with offering commemorative key chains and t - shirts.

There were also flyers promoting Easter basket specials, which included treat baskets, toy baskets and grooming baskets, all placed throughout the store with a small sign that had the retail value slashed to an Easter special cost.

On the one hand, the courts are showing an increasingly willingness to punish frivolous or vindictive litigation by imposing special costs against the unsuccessful party.

As a result of having to play a neutral role, an executor would generally receive special costs from the estate.

In Rampling v Nootebas, 2003, B.C.S.C. 1225, August 5, 2003, Mr. Justice Truscott in a Wills Variation action, exercised his discretion and awarded special costs out of the estate to both the plaintiffs and the executrix.

In awarding special costs Madam Justice Gropper said:

[18] Furthermore, the fact that a party is unrepresented is not itself a basis for declining special costs.

Baffled, the Court was forced to award special costs after ICBC settled a personal injury case yet refused to pay costs.

The primary purpose of special costs under the existing rules is to impose punishment, not to indemnify the successful litigant (American Creek at para. 14).

[8] Special costs are awarded where a litigant engaged in reprehensible conduct.

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[24] The benefit of having the judge who heard the trial and counsel's submissions which gave rise to a mistrial, also hear the ensuing special costs application is obvious.

The Appellants continued this behaviour despite prior special costs awards against them and warnings to desist.

The court found the lump sum costs to be intended special costs, being two to three times more than what party - and - party costs would have been, and it substituted party - and - party costs.

Not to be belabor the point, but the sensors that make the Ecobee series special cost extra with this model

[40] Where one or more of the grounds enumerated in Rule 9 - 5 (1) are made out, the Court may pronounce judgment or order that the proceeding be stayed or dismissed, and that the costs of the application be paid as special costs.

Lawyers Bryan Baynham and Daniel Reid of Harper Grey LLP obtained an Anton Piller order to seize someone's computer hard drive after failing to give «fastidious» disclosure at an ex parte hearing, said Justice Dev Dley, who ordered special costs against the lawyers.

A951001, January 31, 1997, Mr. Justice Dross refused to award special costs where the applicant unsuccessfully sought to remove an executor for alleged improper conduct.

The provision of special costs in an anti-SLAPP bill also creates a financial penalty on the plaintiff for bringing a SLAPP suit, which ought to discourage potential plaintiffs from bringing these suits.

The terms «scandalous, outrageous or reprehensible» and «deserving of reproof or rebuke» are used to describe the conduct of a party that warrants special costs: Camaso v. Egan, 2011 BCSC 954 at para. 6.