Sentences with phrase «bringing motion»

This can be the worst thing that a lawyer can do in these situations, as delays in bringing a motion or issuing a new lawsuit to fix these problems can be fatal.

In these circumstances, some lawyers opt to issue a separate new lawsuit against the desired party rather than bringing a motion to add the desired party to the existing litigation.

The motion judge found that there had been an «inexplicable delay» in bringing the motion.

[23] When bringing a motion for partial summary judgment, the moving party should consider these factors in assessing whether the motion is advisable in the context of the litigation as a whole.

The Court of Appeal refused to order security for costs in respect of the trial cost award because delayed bringing the motion, which prejudiced Trillium.

(And more likely to get the client to commit in writing that they recognize the risks involved in bringing the motion!)

When bringing a motion to set aside default judgment defendants better have good evidence and respond quickly, according to a recent Ontario Superior Court decision.

My sense is that we are seeing more summary judgment motions being granted (although that's anecdotal, since I haven't run the pre-Combined Air decisions yet to compare), but that success is still highly dependent on making sure your case really meets the Combined Air criteria before bringing a motion.

If you are either a support payor or a support recipient, and wish to vary or change the amount of child support previously ordered by the Court, or as set out in a Separation Agreement, you may have the level of support changed by bringing a Motion

An individual who has incorporated or the members of a partnership can thus be sued and require a lawyer or bringing a motion and having «special circumstances» before they can represent their interests (Special circumstances generally being impecuniosity, or the ability to convince the court that the potential representative has sufficient training and experience to act as counsel.

The unions responded by bringing a motion to institute proceedings to have certain provisions of the 2010 Act declared unconstitutional.

For all of the above reasons, CACL, jointly with CCD, have taken the unusual step of bringing a motion to intervene on the leave application, to ensure that this Court has full insight into the deficient and unbalanced factual record, and the resulting impact on persons with intellectual disabilities, in assessing whether to grant leave to appeal in this case.

Bringing a motion for removal as lawyer of record can be a sensitive time for the client.

As a result, a party needs to exercise extreme caution before even considering bringing a motion for such an order.

The usual response is for the defendant to challenge the plaintiff's choice of forum by bringing a motion to stay the action based upon lack of subject - matter jurisdiction and / or personal jurisdiction (the reformulated Van Breda test for assumed jurisdiction based upon a «real and substantial connection»).

i. behaviour disentitling the complaining party from seeking the removal of counsel, such as delay in bringing the motion for disqualification; ii.

Judges» preference for avoiding discovery disputes is so strong that the state and federal rules of civil procedure generally require parties to meet and confer before bringing a motion to compel.

Bringing motion controls back with a bang, ARMS can feel surprisingly retro, yet it also fits in perfectly with Nintendo's modern twist on gaming and the Switch.

We recommend bringing motion sickness tablets, plenty of good music and books to keep yourself entertained, and of course, a good dive buddy to pass the time with.

Although the Mad Titan Thanos has been ominously lurking in the background of the Marvel Cinematic Universe since Joss Whedon's first Avengers movie, Infinity War will finally move the character into focus and Josh Brolin is charged with bringing the motion - capture figure to life on the big screen, having made brief appearances in previous movies.

The new material responded to electrical signals, bringing motion to these artificial muscles, so named because biological muscles similarly move in response to electrical signals (though Wang's materials are not intended for medical applications).

Wadham student Josh Davis recently brought a motion to the Student Union to revive the concept.

However, at the high court, the ex NSA brought a motion praying the court to adjourn the execution of the subpoena until further notice, pending the hearing and determination of the appeal he filed at the Court of Appeal, Abuja Division.

It prevented members other than the Majority Leader from bringing motions passed by the Senate before the House.

«Chief Minister Peter Caruana brought the motion to the Gibraltar Parliament recognising that the two politicians are no longer active in the UK parliament but had a pedigree of service to the Rock.

The government averted a backbench rebellion last month, after Labour brought a motion demanding the rise be postponed, by dropping heavy hints that further rises would be delayed again.

Earlier this year, the coalition parties in the German Bundestag brought a motion «Strengthening Germany's international attractiveness and efficiency as a scientific and research location for foreign students and young scientists» (Bundestagsdrucksache 14/6209).

«With LCLS - II, we'll be able to bring the motions of atoms much more into focus, which will help us better understand the dynamics of crucial chemical reactions.»

The brake pads are lined with a friction compound to grip both sides of the brake disc firmly, producing the friction necessary to bring the motion of the wheels to a stop.

In a move to force more debtors into a Chapter 13 Wage Earner repayment plan, instead of allowing for a straight liquidation bankruptcy under Chapter 7, the trustee or any creditor can bring a motion to dismiss a Chapter 7 application if the debtor's income is greater than the state median income.

However, to do so, a creditor must bring a motion before the court and argue that the action needs to proceed to determine how much the creditor is actually owed or that the type of debt is not covered by a consumer proposal or a bankruptcy.

It should be noted that it is quite unusual for a creditor to bring a motion to lift a stay.

It brought motion controls to the forefront, focused on narrative more than ever, and detailed the beginnings of the Zelda timeline as we know it.

The Wii sequel, which brings motion control to the gameplay style established by GameCube's Mario Superstar Baseball, will hit the eShop tomorrow (March 31st) at a cost of $ 19.99 USD.

The PlayStation 4 Camera is a necessity, as it tracks the movements of the headset and DualShock 4 controller to bring your motions into the games.

Viscosity is to air what friction is to a book sliding across a table — even if you start the book with some velocity relative to a table (or a parcel of air with some velocity relative to other parcels) viscosity will quickly bring the motion to a halt.

Under the Ontario Rules of Civil Procedure, you have to bring a motion where opposing counsel practices — How would this be dealt with when opposing counsel has only a virtual presence?

Aaron H. Darsky, a San Francisco litigator, agreed to dismiss the case after Avvo brought a motion to strike the complaint under California's anti-SLAPP law, according to Avv0's press release.

Don't forget, they have to tell their client «we want to charge you $ 10,000 to bring this motion, and it's probably a 50/50 chance we win.»

Just because they can bring a motion does not mean they will.

Attorneys bring a motion, take a deposition, or litigate if they think they have the upper hand.

I then asked opposing counsel to explain to the court why they intended to bring a motion to dismiss based on lack of jurisdiction.

The students brought a motion to certify their action as a class proceeding pursuant to the Class Proceedings Act.

For example in Re Preymak, (1964), 45 D.L.R. (2d) 554, an administrator who brought a motion for construction of a will, and circumstances were the wording of the will was clear, was ordered to pay not only his own costs, but also those of the successful applicant.

As a result, the estate trustee and sole beneficiary of Cherie's estate brought a motion to enforce the settlement.

Although the outcome of this case has yet to be determined, Marketforce brought a motion for a declaration that the email is protected by solicitor - client privilege so that Ms. Fernandes should not be able rely on it.

However eventually — and despite the fact that the husband, the children, and the wife's former husband all lived in Ontario — the wife brought a motion to declare that the Ontario court had no jurisdiction to deal with the case.

If a party brings a motion before the Rule 48.14 dismissal date, the matter shall not be dismissed for delay until the motion is heard, even if the matter is heard after the dismissal date [para. 7].

In December, 2016, the plaintiffs brought a motion for a status hearing under Rule 48.14 (5), in order to show cause why the action should not be dismissed for delay, and for an order establishing a timetable for the completion of further steps in the action.

The plaintiff brought a motion in February 2015, post-discoveries, to add the referees as defendants to the action.