LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence because of acts done in the performance or attempted performance of his employment or duties, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges.
(B) Members shall not be indemnified for legal costs arising from the actions or omissions of members acting in their capacity as private citizens. For the purpose of Clause 29.1 (A) a Member: shall be deemed to have been "Finally Acquitted", where charges are withdrawn or where he is discharged following a preliminary inquiry; and shall be deemed not to have been "Finally Acquitted" where the member is given an absolute or conditional discharge or where, if as a result of charges laid he is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
29.2 When a member is a defendant in a civil action for damages because of acts done in the course of his employment or duties he shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the following circumstances only:
(i) where the Board is not joined in the action as a party pursuant to s. 50 of the Police Services Act, and the Board does not defend the action on behalf of itself and the member as joint tortfeasors at the Board's sole expense;
(ii) where the Board is joined as a party or elects to defend the action, but the Solicitor retained on behalf of the Board and the member is of the view that it would be improper for him to act for both the Board and the member in that action.
29.3 Where during an inquest under the Coroner's Act a member's conduct is called into question because of acts done in the performance of his duties, the member shall be indemnified for any necessary and reasonable legal costs directly arising from the protection of the member's interest at such inquiry, but only if:
(i) the Chief of Police or the Board does not provide counsel to represent the York Regional Police, at the Board's expense; or
(ii) in the opinion of counsel retained by the Chief of Police or the Board to represent the York Regional Police, it would be improper for him to represent the member and the Chief and/or the Board before that inquiry.
29.4 To qualify for financial ...
LEGAL INDEMNIFICATION. 16.1 Except where there has been gross negligence or malicious or willful misconduct on the part of an employee, the College will:
a) indemnify and save harmless employees from any liability action arising from the proper performance of his/her duties for the College; and
b) assume all costs, legal fees, and other expenses arising from any such action in accordance with the existing University College and Institute Protection Program, Self-Insured Comprehensive General Liability coverage.
LEGAL INDEMNIFICATION. Lakehead University’s Legal Indemnification Policy (June 17, 1999) is attached for information only. The Board undertakes to negotiate with the Association any proposed non-trivial changes to Lakehead University’s Legal Indemnification Policy and Procedures which may affect members. The parties agree that the Vice-President (Administration & Finance) shall ensure that Lakehead University’s Legal Indemnification Policy (June 17, 1999 and/or any further revisions) is followed in a fair and consistent manner.
LEGAL INDEMNIFICATION. Subject to the other provisions of this Article and in accordance with the Police Services Act, a member charged with and finally acquitted of a criminal or statutory offence, because of acts done in the attempted performance in good faith of the member’s duties, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charge.
LEGAL INDEMNIFICATION. Subject to the other provisions of this Article, a member charged with but not found guilty of a criminal or statutory offence, because of acts done in the attempted performance in good faith of duties as a member of the Service, shall be indemnified for the necessary and reasonable legal costs incurred by the member during the investigation of the incident that resulted in those charges being laid and for the necessary and reasonable legal costs incurred by the member in the defence of such charges. Subject to the other provisions of this Article, a member who is not charged with a criminal or statutory offence but who has been the subject of a criminal investigation because of acts done in the attempted performance in good faith of duties as a member of the Service shall indemnified for necessary and reasonable legal costs incurred by the member during that investigation unless, arising from or as a result of such investigation, the member is, after completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. Paragraph hereof also applies to members who, although not the subject of a criminal investigation, have incurred legal costs during the initial, on-site investigation by It is understood that the legal costs of one counsel for each member identified as a subject member will be indemnified and that the legal costs of counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or where the actions of the member from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of as a member of the Service. When a member is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith of duties as a member of the Service shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the followingcircumstances only:
LEGAL INDEMNIFICATION. Subject to the other provisions of this Article, a member charged with but not found guilty of a criminal or statutory offence, because of acts done in the attempted performance in good faith of his/her duties as a member of the Service, shall be indemnified for the necessary and reasonable legal costs incurred by the member during the investigation of the incident that resulted in those charges being laid and for the necessary and reasonable legal costs incurred by the member in the defence of such charges.
LEGAL INDEMNIFICATION. 31.01 The Employer acknowledges the principal of vicarious liability and any other rights conferred under any law of Canada or Alberta with respect to responsibility for Employees acting reasonably and without negligence while carrying out the duties of their employment. The limit of the Employer’s liability will be to the maximum of the liability insurance carried by the Employer.
LEGAL INDEMNIFICATION. The Employer shall continue to contract with an insurance carrier for the purpose of providing legal expense reimbursements similar to the present coverage provided by the American Home Assurance Company under Commercial General Liability Policy No. The Employer will provide each Employee with a summary of the legal indemnification contained in the contract of insurance. In addition to the foregoing, where an Employee has been charged with an offence under any Act (as defined in the Contract of Insurance at Endorsement No. 9) the Chief of Police may, on a written application from the Employee, supported by a letter from the Employee’s counsel, provide funds to the Employee for the purpose of providing a retainer to such counsel of choice for legal fees and disbursements. Upon receipt of a written application for funds, the Chief of Police shall proceed as follows: The Chief of Police shall, in his discretion and on a reasonable basis, determine if the Employee is likely to be indemnified for the costs of legal counsel pursuant to the Contract of Insurance referred to above, and, if he determines that coverage is reasonably foreseeable, then The Chief of Police shall provide funds to the Employee’s counsel in an amount not greater than ten (10%) percent of the estimated legal fees and disbursements, or five thousand ($5,000.00) dollars, whichever is the lesser amount. In the event of a dispute, the amount shall be determined by the Board’s solicitor. In the event it is subsequently determined that the Employee is not entitled to indemnification under the Contract of Insurance by virtue of a conviction or otherwise, the Employee shall reimburse the Board for all funds advanced. If an Employee is subsequently acquitted or exonerated of any alleged offence under any Act, while was acting in the lawful execution of their duty, the Employer shall pay any deductible contained in the Contract of Insurance. The Alliance agrees with the Employer that, subject to the terms and provisions of the Contract of Insurance referred to above and this paragraph, there is no legal obligation on the Employer to provide legal indemnification for the Employees of the Bargaining Unit.
LEGAL INDEMNIFICATION. Except where it is considered by the Employer and the Union, or in the event of disagreement by an arbitrator, that there has been flagrant or willful negligence on the part of an employee, the College shall:
12.6.1 exempt and save harmless each employee from any liability action arising from the performance of their duties for the College, and
12.6.2 exempt and save harmless a former employee from any liability action arising from the performance of their duties when in the employ of the College, and
12.6.3 assume all costs, legal fees and other expenses arising from any such action which resulted from actions of the employee when in the employ of the College.
12.6.4 assume all reasonable legal fees arising from any criminal proceedings against an employee or former employee which resulted from the proper performance of their duties when in the employment of the College and when subsequently found not guilty.
LEGAL INDEMNIFICATION. 30.01 A member charged with and subsequently acquitted of a criminal or statutory offence arising out of acts committed in the attempted performance in good faith of the member's duties as a Police Officer shall, upon application to the Board, be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges as set out hereinafter.
