Sentences with phrase «unreasonable conduct in»

The main thrust of the passages cited... from my judgment in McPherson was to reject as erroneous the submission to the court that, in deciding whether to make a costs order, the employment tribunal had to determine whether or not there was a precise causal link between the unreasonable conduct in question and the specific costs being claimed.

Rather, the asserted basis for liability is founded in: Mr. Kelley's alleged unreasonable conduct in physically contacting Mr. Kraft's body in a manner that prevented him from safely exiting the ATV; and Mr. Kelley's breach of a pleaded duty «not to obstruct, delay or prevent Mr. Kraft from exiting the ATV in an emergency situation».

Not exact matches

Once in overdrive, the process of identifying potential financing providers, soliciting proposals, conducting due diligence, and analyzing financing terms for each and every project is both unreasonable and...

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The defendant, from in or around March 2008 to in or around October 2013, in the County of Monroe, acting in concert with others known and unknown to the Grand Jury, knowingly and intentionally entered into and engaged in and continued to engage in a contract, agreement, arrangement, and combination in unreasonable restraint of combination and the free exercise of activity in the conduct of business, trade, and commerce, specifically, to restrain competition in the bidding process of Monroe County for the Public Safety Contract, by means of bid rigging.

In the matter of sexual harassment, I and others have written about the ill - conceived substitution of university conduct codes, unreasonable evidentiary standards, and star - chamber procedures for longstanding law - enforcement practices.

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Malpractice was defined as: «Any professional misconduct, unreasonable lack of skill or fidelity in professional or fiduciary duties, evil practices or illegal or immoral conduct.

Recognized as top notch personal injury attorneys in Los Angeles, we have obtained tens of millions of dollars in settlements and verdicts for the victims of negligence and wrongdoing from auto accidents, motorcycle collisions, commercial trucking crashes, slip and fall claims, negligent security and other neglectful property management issues, sexual abuse and assault claims, and various other injury and death claims related to unreasonable or unlawful conduct.

The Divisional Court noted that the employer bears the burden of establishing the failure to mitigate: the employer must show that the employee's conduct was unreasonable in all respects.

For example, where police use more force than necessary in conducting a search, a court may find the conduct of the search unreasonable and therefore unconstitutional.

Where police conduct unauthorized or otherwise unreasonable searches, any evidence they gather may be excluded by a judge at trial and, in the most extreme cases, the charges themselves may be dismissed.

In R (on the application of Hide and others) v Staffordshire County Council [2007] EWHC 2441 (Admin), [2007] All ER (D) 402 (Oct) the solicitor advocate in jeopardy might have been unreasonable and negligent in the conduct of litigation but the evidence was that an order for wasted costs would carry a significant risk of causing her to become bankrupIn R (on the application of Hide and others) v Staffordshire County Council [2007] EWHC 2441 (Admin), [2007] All ER (D) 402 (Oct) the solicitor advocate in jeopardy might have been unreasonable and negligent in the conduct of litigation but the evidence was that an order for wasted costs would carry a significant risk of causing her to become bankrupin jeopardy might have been unreasonable and negligent in the conduct of litigation but the evidence was that an order for wasted costs would carry a significant risk of causing her to become bankrupin the conduct of litigation but the evidence was that an order for wasted costs would carry a significant risk of causing her to become bankrupt.

Under the negligence theory, a defendant is held liable for the results of actions, or inaction, when an ordinary person in the same position should have foreseen that the conduct would create an unreasonable risk of harm to others.

Various factors can be considered in making the determination as to whether there was «unreasonable» conduct including the following: The likelihood that someone would come on to the property in the same manner as the injured party did; the likelihood of harm; the probable seriousness of the harm; and whether the property owner or manager knew or should have known about the condition.

Rather, medical malpractice requires that the physician's conduct, such as their diagnosis or treatment, be considered unreasonable by other medical experts in the same field.

If a party refuses to attend mediation in such cases, the court can consider this refusal when assessing whether the party has engaged in unreasonable conduct that has caused unnecessary costs.

In PGF II SA v and — OMFS Company 1 Ltd [2013] EWCA CIV 1288, Lord Justice Briggs determined that silence in the face of an invitation to participate in ADR was — as a general rule — unreasonable conduct, regardless as to whether a refusal would have been reasonablIn PGF II SA v and — OMFS Company 1 Ltd [2013] EWCA CIV 1288, Lord Justice Briggs determined that silence in the face of an invitation to participate in ADR was — as a general rule — unreasonable conduct, regardless as to whether a refusal would have been reasonablin the face of an invitation to participate in ADR was — as a general rule — unreasonable conduct, regardless as to whether a refusal would have been reasonablin ADR was — as a general rule — unreasonable conduct, regardless as to whether a refusal would have been reasonable.

How the parties conduct themselves in a dispute will be scrutinized, and the Court will not look favourably at those who act in an aggressive, combative and unreasonable manner.

When we discovered that it could be conducted in a much more civilised style, with sanctions imposed mainly for unreasonable litigation behaviour, we became even more cheerful and unremittingly reasonable.

Further, a party who agrees to mediation, but who then causes the mediation to fail because of his unreasonable position is in the same position as a party who refuses to mediate, and such conduct can and should be taken into account in the order for costs.

In all jurisdictions, negligence means conduct that creates an unreasonable risk of harm to other people.

The firm will guide you through the litigation process, deal with unreasonable conduct by insurance companies or others and advise you every step of the way in obtaining fair compensation for your situation.

Ultimately, the appellate court would probably have to say, «This sentence would be substantively unreasonable * but for * the findings related to Ball's other conduct,» — which (based on Scalia's reasoning) would mean that the sentence couldn't be lawfully imposed without the presence of those facts, which in turn would mean that they were subject to the Sixth Amendment's jury - trial right.

In this injury case the trial judge was in the best position to assess the reasonableness of the claimant's conduct at the time of the offer and the judge considered the information available to the plaintiff at the time the offer was made and concluded that it was not unreasonable for her to have rejected the offeIn this injury case the trial judge was in the best position to assess the reasonableness of the claimant's conduct at the time of the offer and the judge considered the information available to the plaintiff at the time the offer was made and concluded that it was not unreasonable for her to have rejected the offein the best position to assess the reasonableness of the claimant's conduct at the time of the offer and the judge considered the information available to the plaintiff at the time the offer was made and concluded that it was not unreasonable for her to have rejected the offer.

After warning of the dangers of adding too much authority to the wide costs discretion, he said: «The vital point in exercising the discretion to order costs is to look at the whole picture of what happened in the case and to ask whether there has been unreasonable conduct by the claimant in bringing and conducting the case and, in doing so, to identify the conduct, what was unreasonable about it and what effects it had.

Now, a defendant can be held liable even where the snow or ice was in its natural condition (meaning the way it fell or froze) if his conduct was unreasonable.

As the respondent's conduct in such circumstances is demonstrably unreasonable, the claimant will, based on the finding in Essar v Norscot, have a good argument that the respondent should be held liable for the third party funding costs.

In my view, the amount of compensation for injury to dignity, feelings and self - respect requested on behalf of this applicant is not unreasonable and is justified, given the unprecedented seriousness of the personal respondent's conduct in this case, the particular vulnerability of O.P.T. as a migrant worker, and O.P.T.'s personal circumstances and the impact of the conduct on heIn my view, the amount of compensation for injury to dignity, feelings and self - respect requested on behalf of this applicant is not unreasonable and is justified, given the unprecedented seriousness of the personal respondent's conduct in this case, the particular vulnerability of O.P.T. as a migrant worker, and O.P.T.'s personal circumstances and the impact of the conduct on hein this case, the particular vulnerability of O.P.T. as a migrant worker, and O.P.T.'s personal circumstances and the impact of the conduct on her.

Counsel for the Claimants stated that her instructing solicitors did not behave unreasonably, that they had confirmed in their response to the application that Mr Holton had changed his mind on the day of the hearing on 17th September 2014, despite previously having spoken to his solicitor and having signed a witness statement, and that the solicitors conduct throughout could not amount to unreasonable or negligent as set out in rule 80 (1)(a).

First, I am not able on the record before me to render a finding as to whether or not the plaintiff's conduct in seeking alternative employment was unreasonable in all respects.

In 1990 the Ontario Court of Appeal held in Furuheim v. Bechtel Canada Ltd. 3 that an employer must show that the dismissed employee's conduct was unreasonable, not in one respect, but in all respects in order to overcome the onus of establishing a dismissed employee's failed to properly mitigate his or her damageIn 1990 the Ontario Court of Appeal held in Furuheim v. Bechtel Canada Ltd. 3 that an employer must show that the dismissed employee's conduct was unreasonable, not in one respect, but in all respects in order to overcome the onus of establishing a dismissed employee's failed to properly mitigate his or her damagein Furuheim v. Bechtel Canada Ltd. 3 that an employer must show that the dismissed employee's conduct was unreasonable, not in one respect, but in all respects in order to overcome the onus of establishing a dismissed employee's failed to properly mitigate his or her damagein one respect, but in all respects in order to overcome the onus of establishing a dismissed employee's failed to properly mitigate his or her damagein all respects in order to overcome the onus of establishing a dismissed employee's failed to properly mitigate his or her damagein order to overcome the onus of establishing a dismissed employee's failed to properly mitigate his or her damages.

that an employer must show that the dismissed employee's conduct was unreasonable, not in one respect, but in all respects in order to overcome the onus of establishing a dismissed employee's failed to properly mitigate his or her damages.

The onus rests with the defendant to establish that the plaintiff's conduct in seeking alternative employment was unreasonable in all respects: Furuheim v. Bechtel Canada Ltd. (1990), 30 C.C.E.L. 146 (Ont.

The PSC's conclusion of «improper conduct» was unreasonable as it totally disregarded the context in which the decision of the Acting Commissioner was made.»

In this case, WCAT was not authorized to conduct a review to determine whether its own decision was patently unreasonable.

The concept of proportionality meant it was absurd to give costs which are not recoverable in small claims unless there is unreasonable conduct; CPR 27 (14).

However, a defendant in an action may raise a defense of qualified immunity, which shields public officials from damages unless their conduct was unreasonable in light of law.

Negligence in a personal injury case means conduct that falls below the standard of care required to protect others (or yourself) from the unreasonable risk of...

The issue was whether the officer's conduct amounted to an unreasonable search which would violate the 4th Amendment under the test enunciated in Katz v. United States, 389 U.S. 347 (1967).

In September 2007 the tribunal adjourned the hearing of the case to consider whether they should strike out the response in whole or in part as they are permitted to do on the grounds that the manner in which proceedings have been conducted has been scandalous, unreasonable or vexatious, under r 18 (7)(c) of Sch 1 to the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004, SI 2004/1861 (the ET Rules of ProcedureIn September 2007 the tribunal adjourned the hearing of the case to consider whether they should strike out the response in whole or in part as they are permitted to do on the grounds that the manner in which proceedings have been conducted has been scandalous, unreasonable or vexatious, under r 18 (7)(c) of Sch 1 to the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004, SI 2004/1861 (the ET Rules of Procedurein whole or in part as they are permitted to do on the grounds that the manner in which proceedings have been conducted has been scandalous, unreasonable or vexatious, under r 18 (7)(c) of Sch 1 to the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004, SI 2004/1861 (the ET Rules of Procedurein part as they are permitted to do on the grounds that the manner in which proceedings have been conducted has been scandalous, unreasonable or vexatious, under r 18 (7)(c) of Sch 1 to the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004, SI 2004/1861 (the ET Rules of Procedurein which proceedings have been conducted has been scandalous, unreasonable or vexatious, under r 18 (7)(c) of Sch 1 to the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004, SI 2004/1861 (the ET Rules of Procedure).

Apart from being unreasonable because it isn't linked to actual discrimination by TWU grads (which discrimination might justify the need for protection) it also fails to give weight to the charter values of religious freedom and freedom of association reflected in sections 2 and 15 (1) of the Charter, to say nothing of the provincial protections afforded to TWU's conduct under section 41 of the BC human rights code (and similar provisions in other provinces).

It describes conduct targeted at an individual which is calculated to produce the consequences described in section 7 and which is oppressive and unreasonable.»

On the question of the reasonableness of the landlord's conduct, Lloyd LJ held that because damages would not be an adequate remedy for the landlord in a falling market it could not be said that it had been wholly unreasonable of him to refuse to accept the tenants» repudiation of the lease.

Much will depend on the application of the case in subsequent litigation, and the decision of the Court of Appeal in Sunderland CC v Conn [2008] IRLR 324, [2007] EWCA Civ 1492 suggests a wary approach, insisting on a high threshold before unpleasant and, indeed, wholly unreasonable conduct becomes legally «harassment» of an employee.

The panel awarded him the maximum amount of costs permitted by law, and in doing so stated: ``... the panel has concluded that (RECO's) conduct or course of conduct in this proceeding was «unreasonable».

The district court inquired whether the defendants» conduct in refusing Board membership / MLS access fell within the category that is conclusively presumed unreasonable.

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