Sentences with phrase «decision on a summary judgment motion»

Not exact matches

A scheduling decision, released last week by Justice Brown of the Commercial List in Toronto, provides the first insight as to how summary judgment motions may be changing on a practical level.

On January 23, 2014, the Supreme Court of Canada released its decision in the case of Hryniak v. Mauldin, in which it signaled a fundamental shift in the way that summary judgment motions are to be handled in the Province of Ontario.

Researchers might conduct correlational studies of existing cases, as Long and Christenson did in their study of readability and success on appeal241 or as Moss did in his mixed - methods study of employment discrimination summary judgment motions.242 Or they might conduct an experiment asking participants to simulated cases, as in the proposed modification of Chestek's study of preferences for narrative elements in briefs.243 Alternatively, researchers could conduct qualitative studies of decision - makers believe that legal writing influences their decisions.

Another example is a motion for summary judgment, which asks the court to rule in the requester's favor because essential facts are no longer in dispute (perhaps because of what has been learned in discovery), making a jury's decision unnecessary on some — or all — points.

Microsoft also submitted Judge Posner's decision to the United States District Court for the Western District of Washington, where it has a summary judgment motion on Motorola's request for injunctive relief pending.

Time will tell, on both fronts, but in the meantime it is safe to say that the Supreme Court decision will change summary judgment motions not only in a substantive, but also in a procedural, manner.

There is no shortage of rhetoric in the Supreme Court of Canada's recent decision on the scope and interpretation of amendments to Ontario's Rule 20 governing motions for summary judgment.

Weinstein said, «While no partiality could be construed in rejecting defendant's motion for summary judgment based on timeliness, recusal now is desirable to avoid the appearance of partiality by the undersigned judge in future decisions in the case.»

However, this principal may now be undermined given Ontario Court of Appeal's recent decision in an appeal on a summary judgment motion in Michela v. St. Thomas of Villanova Catholic School, where Justice Huscroft explicitly rejected Bohemier as it was applied in Gristey,

In another recent Ontario decision, Superior Court Justice David Corbett urged parties to treat a motion for summary judgment seriously, and warned against handling it as if it were «a speed bump on the long highway to trial.»

Although the additional time that the federal judges took to make decisions is not dispositive of the result, it adds to the possibility that state judges viewing the heavy burden on summary judgment were and are less willing to grant these motions as a threshold matter and instead prefer to let cases proceed to trial or settlement.112 By contrast, the federal judges who take more time in coming to decisions may put more weight on the summary judgment motions if they are, on the balance, more willing to grant them.

This last decision involved defendant in an indemnity action prevailing on a summary judgment motion.

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.

Because attorneys file summary judgment motions in state and in federal courts, we also test whether there is a differential impact of readability on judges» decisions in these two sets of courts.

With respect to the issue of summary judgment, Justice Pollak discussed the Hryniak decision and found that the evidence on the subject motion was sufficient and that there was no genuine issue requiring a trial.

The Court of Appeal for Ontario reversed the decision of the motion judge and granted summary judgment for rescission in favour of the franchisee purchaser, Mendoza, based on the disclosure deficiencies in AGR's disclosure document.

[2] Given the directions made by the Supreme Court of Canada on the issue of proportionality in summary judgment motions in its recent decision in Hryniak v. Maudlin, 2014 SCC 7 (CanLII), 2014 SCC 7, in my view when a request is made in an action on the Toronto Region Commercial List for a summary judgment motion date, one judge should case manage the proceeding.

In ruling on a summary judgment motion in the 2006 bankruptcy court decision of In re Robinson, 346 B.R. 172 (Bankr.

On a summary judgment or summary trial motion, the motion's judge must determine both, whether the motion is appropriate, and if so, a decision on the merits of the issue (s) raised on the motioOn a summary judgment or summary trial motion, the motion's judge must determine both, whether the motion is appropriate, and if so, a decision on the merits of the issue (s) raised on the motioon the merits of the issue (s) raised on the motioon the motion.

Imax's summary judgment motion based on a limitation defence was denied yesterday, giving the class action bar cause for celebration in light of other recent decisions that seem to go against plaintiffs in similar circumstances where lengthy proceedings have delayed matters.

The results of the Supreme Court's decisions on Thursday will have an impact on thousands of summary judgment motions in Ontario and other provinces with similar regimes.

After the Supreme Court of Canada's decision in Hryniak, we can expect to see increased reliance by Canada's litigants on summary judgment procedures, and increased willingness by the courts to make final determinations on such motions.