Sentences with phrase «substantial indemnity costs»

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.

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 Ontario Court of Appeal has awarded substantial indemnity costs in ruling against a man who challenged a judge's finding that he was a vexatious litigant in relation to lawsuits he has launched against several lawyers and law firms over the years.

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.

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

«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.

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

(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 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.

When an insurer rejects a plaintiff's offer and proceeds to trial, the insurer risks both a higher damage award at trial and the imposition of substantial indemnity costs after the date of the rejected 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.

[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.

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.

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).

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.

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

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.

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

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.

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

Barresi v. Jones LaSalle Real Estate Services, Inc. (2018 ONSC 2579) offer to settle — favourable — substantial indemnity costs — damages for negligent misrepresentation — declaratory Justice C. Aitken

The judge quashed the appeal, lifted the stay permitting the immediate eviction of the tenant and ordered the tenant to pay the landlord's substantial indemnity costs.