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23 Apr 2024, 2:48 am
The requirements for a claim based on unjustified enrichment are that the defendant must be enriched, the claimant must be impoverished, the enrichment must be at the expense of the claimant and the enrichment must have been unjustified (without cause). [read post]
23 Apr 2024, 2:48 am
The requirements for a claim based on unjustified enrichment are that the defendant must be enriched, the claimant must be impoverished, the enrichment must be at the expense of the claimant and the enrichment must have been unjustified (without cause). [read post]
22 Apr 2024, 6:39 am
It does not necessarily mean that the claimant will not recover compensation. [read post]
22 Apr 2024, 6:01 am
Many claimants unfortunately think that if their doctor says they are disabled then the disability insurance company will approve the claim. [read post]
22 Apr 2024, 4:01 am
The respondent was not reliable when she told the Court that she did not appreciate that the claimant would be arrested when she made this sort of report to the police, and the ability to report alleged misdeeds by the claimant to the police became a weapon used frequently by the respondent against the claimant. [read post]
22 Apr 2024, 1:06 am
The parties agreed that the letter related to the claimant and was defamatory in meaning, however the defendant denied reading the letter aloud, arguing that there was no publication, or in the alternative, that there was no serious harm to the claimant. [read post]
19 Apr 2024, 12:13 pm
Justice Kagan grounded her decision in the plain text of Title VII, reasoning that a heightened standard of “significance” would “add words” to the text of Title VII and impose a requirement on Title VII claimants that the law as written does not demand. [read post]
19 Apr 2024, 10:00 am
Our skilled Social Security Disability attorney, Nick Ortiz, dedicates his practice to helping claimants get the disability benefits they deserve. [read post]
19 Apr 2024, 8:09 am
Why the Timing of Your Claim Is Critical Some claimants may be tempted to wait before they file a car accident claim. [read post]
19 Apr 2024, 12:20 am
But the court is not required to assess whether the Claimant’s understanding of Islam is correct or well founded’ (para 135). [read post]
19 Apr 2024, 12:00 am
The Role of Social Media in Personal Injury Cases Insurance companies and defense attorneys often use social media to investigate claimants and gather evidence that may undermine the case. [read post]
18 Apr 2024, 1:44 pm
INTRODUCTION Webber Academy (or “the school”), a private educational institution in Alberta, defined itself as non-denominational: it did not engage in any overt religious practice (with one possible and qualified exception). [read post]
18 Apr 2024, 6:29 am
The effect of this is that, while it is up to the claimants to prove as a matter of fact that they suffered damage, and to prove that the damage was causally linked to a GDPR breach (as described below), there is no “de minimis” threshold preventing claimants from bringing claims relating to minor or trivial harms. [read post]
18 Apr 2024, 4:00 am
The policy was adopted by the high-performing school, in which half of the students were Muslim, after prayer by some students led to divisions within the student body and to threatening social media posts.The court said in part:It seems to me that this is a case ... where the Claimant at the very least impliedly accepted, when she enrolled at the School, that she would be subject to restrictions on her ability to manifest her religion. [read post]
17 Apr 2024, 10:40 am
Section 768.72(1) outlines that in any civil action, punitive damages can only be pursued if there is sufficient evidence in the record or presented by the claimant to justify such damages. [read post]
17 Apr 2024, 8:34 am
In the alternative, the claimant sought condonation for late notice. [read post]
17 Apr 2024, 5:55 am
Israel’s military campaign against Hamas has just now passed the six-month mark. [read post]
17 Apr 2024, 2:05 am
The claimant, a Muslim, accepted that the requirements of the school day meant that she would not always be able to fulfil that obligation during the appropriate period; however, she wished to be allowed to perform the midday prayer [Duhr], which during the autumn and winter months would be possible during the school lunch break – which, she argued, was “free time” [4]. [read post]
17 Apr 2024, 1:41 am
To avoid delay, before applying, a firm should consider the Handbook rules in DISP and COMP to identify whether it is likely to do business with an ‘eligible complainant’ (in the case of FOS) or an ‘eligible claimant’ (in the case of FSCS). [read post]
16 Apr 2024, 1:19 pm
Under the Longshore Act, section 20(a) provides that when a person (or eligible dependent if the claimant died) makes a DBA claim that he or she was injured or became ill during the course of an employment overseas, a court deciding the case will use Section 20(a) to presume that the Claimant’s case is compensable under the DBA. [read post]
