Sentences with phrase «genuine issues»

Given the many examples of genuine issues within Canada's corporate world where the consumer is deliberately at a disadvantage, this case can only be considered a personal vendetta and goose chase financed by the taxpayer at this juncture,.

Thus, the court found no genuine issues of material fact for trial and granted the Town summary judgment.

In Hepburn v AlarmForce Industries Inc., released on October 6, 2017, by the Ontario Superior Court of Justice in London, the court dismissed a franchisee's summary judgment motion for rescission and bad faith conduct under the Arthur Wishart Act because the factual issues were complex that require a trial (legally, there were «genuine issues requiring a trial»).

Students get to network with attorneys and assist with genuine issues under the supervision of a licensed Tennessee attorney.

As a result, Mew found there were no genuine issues requiring a trial and there was no reasonable basis to believe further discovery would address the deficiencies in the case.

The court held that the relief sought by the moving party gave rise to genuine issues requiring a trial.

The Appellant appeals on the basis that, since material facts and the credibility of the parties are disputed, there are genuine issues for trial.

The plaintiffs appealed, arguing there were genuine issues of material fact as to whether the security company owed a duty of care to them.

Author: Evan Ivkovic, J.D., Law Works P.C. Editor: Ben Hanuka In Hepburn v AlarmForce Industries Inc., released on October 6, 2017, by the Ontario Superior Court of Justice in London, the court dismissed a franchisee's summary judgment motion for rescission and bad faith conduct under the Arthur Wishart Act because the factual issues were complex that require a trial (legally, there were «genuine issues requiring a trial»).

He concludes that because the parties have very different interpretations of the impact of Irving, there are genuine issues to be tried.

(i) whether, on the basis of the evidentiary record alone, there genuine issues that require a trial; and

Genuine issues may also include certification, licensing, registration requirements and unfair trade practices, health insurance.

This is where the training and experience of defense counsel is so important — the ability to identify and / or create genuine issues.

The party moving for summary judgment must show there are no genuine issues of material fact and the case is appropriate for judgment as a matter of law.

«Summary judgment is a procedural device for promptly resolving a controversy on the merits without a trial if there are no genuine issues of material fact or inferences that can reasonably be drawn from undisputed facts, or if the only issues to be resolved are questions of law.

Genuine issues of fact precluded summary judgment on a consumer's claims against a seafood producer for allegedly making unlawful, false, and misleading advertising regarding the omega - 3 nutrient content of certain of its products in violation of California's Unfair Competition Law (UCL), False Advertising Law (FAL), and Consumers Legal Remedies Act (CLRA), the federal district court in San Jose has ruled (Ogden v. Bumble Bee Food, LLC, January 2, 2014, Koh, L.).

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.

2008)-- Denial of manufacturer defendant's motion for summary judgment in cases arising from explosion at facility in Groton, Connecticut on grounds that there existed genuine issues of fact as to product liability and recklessness counts of case against manufacturer based on its claimed failure to account for and disclose relevant safety and storage information of risks involved in the transport and storage of chemical reagent at ambient temperatures.

The record contains sufficient evidence of a dangerous condition to create genuine issues as to material facts regarding both whether a dangerous condition existed and whether Wal - Mart had constructive notice of the dangerous condition.

Thus, genuine issues of material fact remain unresolved which preclude summary judgment.

Secondly, the plaintiffs assert genuine issues of material fact exist regarding whether the step down presented a unique, special hazard....

Bondy, J. held that this case was one that fell within the third category of case suitable for summary judgment, as set out in Combined Air Mechanical Services, and that there were no «genuine issues requiring a trial.»

Specifically, the court noted that the party seeking summary judgment «bears the burden of making a prima facie showing that there are no genuine issues of material fact and that the movant is entitled to judgment as a matter of law.»

Second, even if the plaintiff has met its burden of production, genuine issues of material fact remain for the jury to decide.

Two criteria must be met before summary judgment may be properly granted: (1) there must be no genuine issues of material fact, and (2) the Movant must be entitled to judgment as a matter of law.

In practical terms there are a few genuine issues with the Galaxy S3 too.

There have indeed been genuine issues with specific types of plant proteins containing excessive levels of heavy metals and chemical compounds.

There have indeed been genuine issues with specific types of plant proteins containing excessive levels of he

We may be inclined to call the 4m kipper voters small - minded «little Englanders», but it does nothing politically to responsibly address genuine issues.

I have faith that Wenger wants to achieve something, and isn't just ignoring genuine issues

Despite some genuine issues at the back, United do not to make huge investment into their first team options in January, meaning that they may be able to dedicate some serious funds to securing Martin Odegaard, potentially the most exciting teenager in world football, ahead of Liverpool and Real Madrid.

Despite what some may believe, it is not my goal to step on the toes of these genuine issues.

Vitamin B12 is a genuine issue for vegans, although very easy to deal with.

Ernesto Valverde will have to take the lead on it if the alleged poor morale is a genuine issue, as with Barcelona going so well this season with a commanding lead in the La Liga title race coupled with their ongoing hunt for the Copa del Rey and Champions League, there is still a lot on the line this year.

Refers to a judgment granted on a claim about which there is no genuine issue of fact and to which the party moving for judgment prevails as a matter of law.

Fear of the weight room is a genuine issue.

Carvalho hits upon a few such pieces at Andy and Bax including a genuine issue MA - 1 bomber from 1974, an Alpha Industries Fishtail Parka from the «70s and an Alpha Industries N - 2B Parka.

You have to show a genuine issue that the lender wants to resolve in order to give them a reason to show up.

Bringing up ground level ozone (a genuine issue with recorded increases in asthma as well) as a red herring feels like special pleading to me.

We believe that there is a genuine issue of discrepancies and inconsistencies across CO2 and energy use data reporters — each organization may be right in the choice of their methodologies but there is a need for further harmonization and increased transparency.

Taylor is the decision on a defendant's unsuccessful motion to dismiss an action against it on the basis there was no genuine issue requiring trial.

At this stage, I am not deciding actual liability but the sole issue of whether there is a genuine issue requiring a trial.

The absence of any evidence of causation leads to the result that there is no genuine issue requiring a trial, and this court must dismiss the plaintiff's action.

The SJC rejected plaintiff's contention that a genuine issue of material fact exists concerning whether the BHA's various verbal assurances to her mother about the condition of the leased premises were the kind of «explicit and specific assurances of safety or assistance» contemplated under G.L. c. 258, § 10 (j)(1).

On appeal, the workers argued that there existed a genuine issue of material fact related to whether Zurich owed them a duty of care, and thus granting summary judgment in Zurich's favor was in error.

However, they did reverse the summary judgment against FedEx, finding that there is still a genuine issue as to whether a duty was breached.

The court of appeals reversed summary judgment for defendant, holding that 1) the district court erred in its analysis of whether a witness's statement was made in reaction to a truly startling event, and whether the statement was made under the stress of excitement caused by that event; and 2) there was a genuine issue of material fact as to whether defendant's failure to remove the stump was a proximate cause of plaintiff's accident.

To prevail on summary judgment, the defendant is required to demonstrate that no genuine issue of material fact exists and the undisputed facts, when viewed in a light most favorable to the plaintiff, require judgment for the defendant as a matter of law.

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.

The court continued, explaining that «a genuine issue of material fact exists where facts concerning an issue that would dispose of the litigation are in dispute or where the undisputed material facts are capable of supporting conflicting inferences on such an issue.»