Sentences with phrase «substantial indemnity»

(4) attempting to unduly minimize the quantum of otherwise usual amounts of costs including substantial indemnity costs on the basis of proportionality, would be, in my view, to sanction under compensation of Plaintiffs for costs legitimately incurred to make many lawsuits uneconomic and could generally discourage Plaintiffs with modest claims, even if valid from pursuing them.

This strategy came back to haunt the company in the form of an award of substantial indemnity costs as well as an award of nominal costs following the appeal.

We sanction untowards behaviour in Canada by awarding costs, typically on a partial or substantial indemnity scale.

In some circumstances, such as «where it was evident that the record would be complex or voluminous,» a failure to seek directions may result in substantial indemnity costs at summary judgment.

The plaintiff would receive its partial indemnity costs until the date of the defendant's offer, but offset by the defendant's substantial indemnity fees thereafter.

The judge also ordered Peter to pay substantial indemnity costs fixed at $ 18,000 for Arnold and $ 13,500 for Karl.

Vigna claimed substantial indemnity for $ 68,250 as a self - represented lawyer, $ 26,434.54 for fees from Heenan Blaikie, and disbursements of $ 7,516, for a global cost award from $ 50,000 — $ 65,000.

The rule of thumb goes something like this: since full indemnity is 100 % of your costs, that means substantial indemnity must be something less - say approximately 90 % of full indemnity.

Since substantial indemnity is 1.5 times partial indemnity, that means that partial indemnity should be about 60 % (i.e. 90 % divided by 1.5).

«The plaintiffs seem to suggest that where five separate motions for summary judgment are brought against it, an unsuccessful plaintiff should not be responsible for more than one - fifth of its own substantial indemnity costs to any one successful party,» Brown wrote.

In a recent Ontario case, the judge awarded the victorious employee substantial indemnity of his legal costs, implying that such a result was necessary to punish the employer's conduct.

This can occur if the case is more complex than anticipated, or if substantial indemnity costs are awarded at trial.

The nature of his allegations justifies substantial indemnity costs.»

After the owner sought to discontinue the action, the corporation sought to obtain from the owner substantial indemnity costs in the amount of $ 77,497 representing legal fees, disbursements and HST expended by the corporation in the litigation, including $ 20,000 spent in response to the owner's motion to produce and preserve the proxies.

A party can offer to settle an action (or a motion) and will receive substantial indemnity costs from the date of the offer.

The Federal Court of Appeal released a decision this month in Galati v. Harper, denying the appeal of a 2014 decision which had denied substantial indemnity costs in the constitutional litigation surrounding the Justice Nadon appointment to the Supreme Court.

Shawmut Woodworking & Supply Inc. v. Soheil Mosun Limited, 2012 ONSC 1680 - Responded to an appeal of an award of substantial indemnity costs by a Master

However, not only could the lawyer not convince his client to accept the offer, he ended up having to pay substantial indemnity costs to both parties when the offeror brought a motion to enforce the settlement.

In this decision, the insurance company Aviva was ordered to pay over $ 235,000 in substantial indemnity costs to the plaintiff, after failing to beat the plaintiff's most recent Rule 49 offer to settle.

The amendments also eliminated the presumption of substantial indemnity costs against a party that brings an unsuccessful motion for summary judgment, in order to avoid deterring parties from bringing such motions.

Justice Smith considered the success of Vigna at trial, which exceeded the numerous settlement offers, as well as the malice of Levant in his campaign against the Human Rights Commissions, to award costs on a substantial indemnity basis.

As the defendants are already paying costs on a substantial indemnity basis, I do not see that any further response is required at this time.

In addition, the Court refused to overturn the motion judge's award of substantial indemnity costs.

For those that aren't inimately familiar with the Ontario Rules, there are essentially 3 scales of costs that a party can be awarded: (a) «partial indemnity» costs, (b) «substantial indemnity» costs and (c) «full indemnity» costs.

The definition of «substantial indemnity» is not much more helpful, defining the term as «costs awarded in an amount that is 1.5 times what would otherwise be awarded in accordance with Part I of Tariff A. «Full indemnity» is not defined, but is obvious enough that it probably doesn't need to be.

If you are reverse engineering an appropriate partial indemnity rate from the substantial indemnity rate, anything higher than 66 % for partial indemnity would result in a substantial indemnity rate above 100 %.

The motions judge also subsequently awarded costs against Affinia on a «substantial indemnity» basis, relying on a rule in Ontario's rules of civil procedure which applies where a party has acted unreasonably in responding to a motion for summary judgment.

In addition, he rejected the plaintiffs» argument about proportionality, noting that after his reductions, the total recoverable substantial indemnity fees would amount to $ 282,000 or about 45 per cent of the substantial indemnity fees the plaintiffs claimed they had incurred.

First Capital sought a substantial indemnity rate of $ 300 an hour and a partial indemnity rate of $ 200 per hour.

In coming to the $ 250,000 figure, the panel awarded costs for the 40 days of hearing after May 8, 2012, noting «this is not an arithmetical exercise» and referring to its «wide discretion» as to the actual amount, declined to award costs on a substantial indemnity basis.

First Capital's costs would violate the principle of proportionality because they'd amount to more than 50 per cent of the substantial indemnity costs of $ 709,000 incurred by the plaintiffs in defending all five summary judgment motions.

Justice Marshall ordered that all of the parties who participated in the litigation receive their costs from Cynthia's estate on a solicitor / client basis (the Newfoundland equivalent of substantial indemnity costs).

[29] The legislature chose not to provide a specific cost consequence for an insurer's failure to participate in mediation, such as substantial indemnity costs against a losing defendant or deprivation of full costs of a winning defendant.

The jury had awarded damages of $ 350,000, St. Lewis asked the court to award her costs on a substantial indemnity scale of $ 552,706.56 for fees and $ 55,305.97 for disbursements plus HST.

For instance, judges may no longer hesitate to award costs, particularly on a substantial indemnity basis, where a plaintiff is insured.

In dismissing the litigation due to the plaintiff's non-compliance with certain court orders, the court ordered that the plaintiff pay costs on a substantial indemnity scale, but only for the motion in which the inappropriate comments were made.

The concepts of «partial indemnity» and «substantial indemnity» costs are sufficiently confusing already, however a few recent decisions have thrown some more uncertainty into the pile - cases dealing with how much «partial» means in the circumstances of lawyers who are acting at reduced rates.

Following the jury's verdict, Justice Ramsay awarded the plaintiff costs on a substantial indemnity basis (a higher rate than usual) from the date of his offer to settle until the trial, along with costs on a partial indemnity basis (the usual rate) up until the offer, for a total of $ 140,000 plus HST.

This meant that she was entitled to costs on a substantial indemnity basis from the date of her last offer, through the end of the trial.

The respondent father cross-appealed on the costs issue, arguing that he was entitled to substantial indemnity costs.

In awarding the plaintiff's costs on a substantial indemnity basis Master Short wrote: «I am not satisfied that this motion needed to be brought, nor that it ought to have been brought.»

Gordon followed up his trial victory by asking the judge to award him $ 500,000 in substantial indemnity costs.

substantial indemnity costs) that reflects the vast majority of the former employee's legal costs and, in extreme cases, an award of punitive damages.

The Court in Tetra Consulting v Continental Bank et al., 2015 ONSC 6546 recently responded to this employer tactic by ordering Continental Bank to pay costs on a substantial indemnity basis.

All costs incurred by Party A after the Rule 49 offer on January 1, including the costs of trial, are to be paid on a substantial indemnity basis.

In a civil action in Ontario, a formal offer to settle made under Rule 49 of the Rules of Civil Procedure can trigger costs consequences on a substantial indemnity basis, which is a much higher amount than partial indemnity.

(3) then, even after Plaintiffs have chosen to take the serious adverse costs risks of such trials, and even after they have been successful at trial and have received costs awards under Rule 49.01 (1) on a substantial indemnity scale;

«In our view, the respondents on appeal are entitled to substantial indemnity costs,» wrote Justice John Laskin in today's ruling in