Sentences with phrase «genuine issue for trial»

Furthermore, even if the Court was wrong about the negligence issue, the plaintiff in the negligence action failed to demonstrate that there was a genuine issue for trial on the issue of damages caused by the firm's alleged negligence.

When a motion for summary judgment is made and supported as provided in this Code section, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this Code section, must set forth specific facts showing that there is a genuine issue for trial.

The old provisions referred to «no genuine issue for trial.»

Affidavit evidence under 20.02 is still used in accordance with subrule 39.01 (4), but responding parties can no longer just rely on pleadings and must show a genuine issue for trial using their own affidavits or supporting evidence.

Summary judgment is a procedure that can be used where a party believes that there is «no genuine issue for trial».

However, I and two other defendants refused to accept a discontinuance and in January 2015 I applied to have Kinder Morgan's claims against me dismissed, as an abuse of process, or that there was no genuine issue for trial.

The motions judge found that the databases and the CD ‑ ROMs reproduced individual articles, not the collective work of the newspapers, but dismissed the motion on the grounds that there were genuine issues for trial.

However, the defendants» position with respect to the holding companies is that there is no genuine issue for trial, in that there is no evidence that could possibly give rise to a finding that the holding companies are common employers.

[16] There is no genuine issue for trial in relation to this issue, and for all of the above reasons the summary judgment motion to dismiss the claim against the personal defendants is granted.

In our experience, motions for summary judgment on first party claims are very useful, as the arguments in the motion are often legal or contractual ones and there is no genuine issue for trial.

As such there is no genuine issue for trial.

An Ontario court recently disagreed with Barr, dismissing his claim and indicating that there was no genuine issue for trial.

But an Ontario court recently disagreed with Barr, dismissing his claim at a preliminary motion, as there was no genuine issue for trial.

The result was that summary judgment motions were generally only brought in very straight forward cases where, at least in the opinion of one party, there was no genuine issue for trial.

Summary judgment was granted against the Appellant on the basis there was no genuine issue for trial; the police had reasonable and probable grounds to believe the Appellant had committed the offences with which she was charged.

Courts across Canada have since followed Brown in accepting this argument as a genuine issue for trial, where defendant facilities have attempted to rely on existing waivers or limitation of liability clauses:

Thus, there was enough evidence here for the Court to conclude that there was no genuine issue for trial, meaning the TTC took reasonable steps to ensure its premises were safe in these circumstances.

The issue was whether there was a genuine issue for trial in light of the plaintiff's alleged failure to present any evidence of liability on the part of the defendants.

If the judge agrees that there is no genuine issue for trial, the judge can determine all or part of the lawsuit in a summary manner without the need for a full trial.

After a brief review of the evolution of the summary judgment rule, the Court defined the test as asking not whether the case presents a genuine issue for trial, but «whether there is a genuine issue requiring a trial».

This is a procedure that can be used where a party believes that there is «no genuine issue for trial».

(2) Clause 20.04 (2)(a) of the Regulation is amended by striking out «no genuine issue for trial» and substituting «no genuine issue requiring a trial».

[A] t the summary judgment stage the judge's function is not himself to weigh the evidence - and determine the truth of the matter but to determine whether there is a genuine issue for trial.»

A party may have an action, or part of an action, decided by way of summary judgment motion if there is no genuine issue for trial.

The Court held that liability for the secondary use was a genuine issue for trial.

(13) This is particularly so when there is little relevant information in the record, and when it is only used to establish the existence of a genuine issue for trial, not to determine the outcome of the case.

There was, after all, a genuine issue for trial.

Justice Wilcox concluded that whether the City was prejudiced is a genuine issue for trial that can't be determined on summary judgment.

Justice Barnes dismissed the motion on the basis that determining the promised utility and putting the admission in context was required and was a genuine issue for trial.

For summary judgment, the rules (see Rule 215) provide that the court shall grant judgment where the court is satisfied that there is no genuine issue for trial with respect to a claim or defence.