He also ordered
special costs against the lawyers, including $ 41,000 paid to the computer analyst and a supervising solicitor who oversaw the search warrant.
[13] The real issue, instead, is who should hear an application for costs, following a mistrial, when the dominant focus of that cost application is an order for
special costs against counsel for the party that caused the mistrial.
The fact that the dominant, if not overwhelming, focus of the defendant's application is an order for
special costs against counsel is patent from the submissions of the parties as well as from the materials and authorities that each has filed...
The case of A.S.P. v. N.N.J. dealt with the mother's Application for
special costs against the father.
In reasons for judgment released this week, the court in Glover v. Leakey, 2017 BCSC 1287, awarded
special costs against ICBC due to the filing of inconsistent pleadings in two separate actions.
See also Ram v. Prasad, 1999, 28 E.T.R. (2d) 140, where the B.C. Court of Appeal upheld the trial judge who awarded
special costs against the defendant.
In Fong v. Lee, 2002 B.C.S.C. 678 — Mr. Justice Hood ordered
special costs against defendant executors on the basis that their conduct deserved reproof or rebuke.
The court awarded
special costs against the Public Trustee even though it was found that the Public Trustee made the application in good faith.
(ii) In Re Woodward Estate, 40 E.T.R. (2d) 306, Mr. Justice Edwards proposed 75 % of
special costs against the petitioner for advancing a mischievous claim against an estate.
A971301, September 3, 1998, Boyd J., the court awarded
special costs against the plaintiff in a Wills Variation action.
Not exact matches
Like previous
special election in New York's 20th and 23rd districts, the nominees would be chosen by the county chairmen rather than a primary — a process that might well have
cost Republicans the 23rd as the conservative base revolted
against the choice of moderate state Assemblywoman Dede Scozzafava as the party's standard - bearer.
The amendment comes after recent protests
against the rising
cost of fuel, as well as calls from the minority for the
Special Petroleum Tax to be scrapped.
And if you absolutely hate vanilla and your
against it at all
costs just use a chocolate pudding mix or make my 2 ingredient vegan chocolate mousse for the
special day.
Public Advocates joined the American Civil Liberties Union in filing a complaint last year
against the Los Angeles Unified School District, accusing the giant district of «undermining» the LCFF by diverting $ 450 million in money for disadvantaged students in 2014 to cover
special - education
costs for students with disabilities.
In his March 15 op - ed, «Confronting the Scheme to Gamble With Connecticut
Special Education Funds,» Robert Cotto Jr. makes a number of factually inaccurate claims, and uses a «greatest hits» compilation of logical fallacies, to argue
against the creation of a
Special Education Predictable
Cost Cooperative, which will protect students, improve cost predictability, and increase equity for our state's school districts and communit
Cost Cooperative, which will protect students, improve
cost predictability, and increase equity for our state's school districts and communit
cost predictability, and increase equity for our state's school districts and communities.
Considering that the home district is responsible for paying all of the
costs associated with providing needed services to
special education students in charter schools, the schools aren't discriminating
against students with disabilities because of financial reasons, they simply refuse to provide educational opportunities to any students that don't fit the «profile» they wish to serve.
Crytek has demanded «all direct damages (estimated to be in excess of $ 75,000), indirect damages, consequential damages (including lost profits),
special damages,
costs, fees, and expenses incurred by reason of Defendants» breach of contract and copyright infringement» as well as a cut of the profit, punitive damages, and a permanent injunction
against CIG's use of CryEngine.
In France and Germany
special emphasis has been put in the development of polymeric heat exchange surfaces for thermal desalination, in order to reduce investment
costs and increase competitiveness
against membrane processes like reverse osmosis [3][4].
Litigators routinely proceeding to trial with serious allegations, such as undue influence, run the risk of an award of
special costs being made
against their client, should such allegations be unproved.
If the conduct of a party is such as to warrant rebuke by the Court, then the unsuccessful party runs a significant risk of having
special costs awarded
against him or her.
In Kouwenhoven Estate v. Kouwenhoven, 2001 B.C.S.C. 1402, Vickers J., an award of
special costs was made
against three sons who brought an action for fraud and undue influence
against their deceased father's second wife.
However, an award of
costs against a non-party is unusual and exceptional, and should only be made in «
special circumstances»: Anchorage Management Services Ltd. v. 465404 B.C. Inc., 1999 BCCA 771, 72 B.C.L.R. (3d) 389, at para. 21.
Hollander v Mooney 2017 BCCA 238 discussed the Court's jurisdiction to order
costs against a non-party and held that it is limited to
special circumstances such as fraudulent conduct, abuse of process, gross misconduct, or circumstances where the non-party is the «real litigant»: Anchorage Management Services Ltd. v. 465404 B.C. Inc., 1999 BCCA 771at para. 21; Perez v. Galambos, 2008 BCCA 382at paras. 17 — 18; and Animal Welfare at paras. 53 — 58.
In Chan v. Lee Estate, 2003 B.C.S.C. 513, Mr. Justice Hood awarded successful plaintiffs in a wills variation action
against their brothers,
special costs.
The failure to honour the spirit of the settlement agreement was considered reprehensible conduct deserving of rebuke and
special costs were awarded
against the defendant by Master Taylor sitting as Registrar.
As a result, I decided to apply to have Kinder Morgan's lawsuit
against me dismissed as a SLAPP with
special costs.
Special costs to successful applicants in most cases Defendants who succeed in having the claims
against them stuck under this law should be entitled to
costs on a full indemnity basis, subject to a judge's discretion in exceptional cases where such are not warranted.
Special costs may be ordered
against an ICBC insured in circumstances where the ICBC lawyer has made the resolution of
costs far more difficult than it should have been.
He sought «reconsideration and reduction / elimination of all
special costs» charged
against him.
This was a family law case that resulted in a
special costs order
against the Respondent, Jagtar Singh Hansra.
In Cunningham v. Slubowski, 2004 BCSC 1204, Madame Justice McKenzie, as she then was, following a 20 day trial, heard an application for
costs, including
special costs,
against counsel.
Breslin and Breslin, PA, Donald A. Caminiti, Esq., was one of six law firms selected by the Attorney General of the State of New Jersey to act as
special counsel to represent it in its lawsuit
against the tobacco industry to recover Medicaid and other health related
costs incurred by the state resulting from tobacco related illnesses.
In their submissions for
special costs, the Respondents summarized the allegations and personal «attacks» made
against them as follows:
The insured obtained judgment
against Intact on the coverage issue on a summary trial application and subsequently made an application for
special costs.
They also responded to the petition with a claim for «
special costs»
against me and my associate.
Hollander v Mooney 2017 BCCA 238 discussed the Court's jurisdiction to order
costs against a non-party and held that it is limited to
special circumstances such as fraudulent conduct, abuse of process, gross misconduct, or circumstances where the non-party is the «real litigant»: Anchorage Management... Read more
In our previous blog we discussed the award of
special costs made
against an estate administrator who breached his duties.
Failing to make such frank disclosure may result in the order being set aside or an order of
special costs being awarded
against the person obtaining the order (for example in this case).
Uninsured protection provides
special coverage for drivers to safeguard them
against unexpected
costs which could come up as a result of an accident with a driver carrying no Hutchinson auto insurance coverage.
Commercial auto insurance is a
special auto insurance policy designed to protect your business from a set portion of the
cost of a legal claim
against you, property damage to your vehicles and cargo, and medical payments to your drivers after an accident.
Apollo Munich recently launched a
special health insurance cover
against dengue at a lucrative premium
cost of Rs 444.
Special costs were awarded
against the plaintiff.
Receivers can be expensive, so a
special assessment will most likely be levied
against all owners to cover these
costs.
In response to the lawsuit, Posters filed a
special motion under Washington's «anti-SLAPP» statute, a law designed to help defendants defeat «Strategic Lawsuits
Against Public Participation» — in other words, abusive and meritless lawsuits filed with the intention of drowning defendants in court
costs and silencing their future expression.