The Supreme Court of Canada recently clarified
how motion judges should exercise their fact - finding and summary judgment powers under rule 20.04 (2.1) and (2.2) of the Rules of Civil Procedure.
The Court of Appeal also noted the lack of analysis as to
how the motion judge reached the conclusion that even if the problems in the house had been completely remediated, the responded would still «have a valid claim for the stigma that had attached to the subject property.»
Not exact matches
On December 4,
Judge Brian M. Cogan denied the government's
motion to dismiss the case, saying the government's promise of changes to
how it will implement the law were not enough to merit dismissal.
She wanted the
judge to grant her some
motion or another, but she just didn't know
how to present her argument.
The
motion, filed in February, asked U.S. District
Judge Joan M. Azrack to allow Singh to testify about
how a «panicked» Mangano asked him to exchange a cash bribe he'd received from a contractor, in case the bills were marked.
The point is that Nintendo and Retro are forcing imprecise, unreliable
motion controls onto a gameplay feature that is likely essential for getting through the game and getting the secrets,
judging by
how much I used it in the original DKC games.
It's not exactly immersive, as
motion controls would've made a lot more sense here, and it's a bit awkward at first because the player can't really
judge how much power is in a shot.
Consider for example
how satellite data have made it possible to better analyze hurricane tracks allowing to
judge about hurricane
motion with some certainty a few days in advance, something entirely unavailable for the ancient weather forecasters.
Two years ago, I wrote a post titled, In Litigation and Legal Research,
Judge Analytics is the New Black, in which I discussed three products — Lex Machina, Ravel Law and ALM Judicial Perspectives — that were extracting data from court dockets and applying analytics to reveal insights about
judges, such as
how they might rule on a specific type of
motion or
how long they might take to issue a decision.
Shows
how a
judge tends to rule on more than 100 different types of
motions compared to the average
judge in the jurisdiction.
Users will now be able to see not only
how judges tend to rule on certain types of
motions, but they will also be able to see the actual rulings.
It aims to help attorneys gain insights into questions such as
how long federal
judges typically take to resolve cases,
how they rule on dispositive
motions, and
how often they are overturned on appeal.
If the case is not settled, the personal injury lawyer can represent you in court, prepare discovery documents, prepare
motions for court consideration and present a case in front of a
judge or jury that outlines
how the accident happened and
how the defendant is responsible for the damages that you sustained.
Acknowledging the issues were novel, the
motions judge in SC v. NS concluded that the defendant / accused had breached the deemed undertaking of confidentiality when he used for his criminal defence the plaintiff's documentary productions from the civil case without first seeking directions from the court as to whether and
how he could do so.
And, if it a litigation matter and if after a month of trial on that one matter and we KNOW, we are absolutely certain that the LAW and the facts that came out at trial warrant a finding by the Court in our favor, but the
Judge rules in our favor and on our
motion might even grant a new trial and so we start over again,
how can one figure that in?
There are exceptions to this rule, but in most cases
judges don't care a whit about
how another
judge in another jurisdiction has ruled on a previous
motion to compel.
The tool now provides the ability to dive even deeper into a
judge's history, Lewis says, exploring
how they have ruled on
motions and specific topics, with detail about what they grant and deny.
An Ontario Superior Court
judge has denied a self - represented litigant's
motion to be represented by a non-lawyer agent saying her request is «a perfect example of
how unreliable the Internet is as a source for legal information.»
He went on to state that «
how a summary judgment
motion should be scheduled where case management does not exist or where the
judges frequently circuit, I leave to other
judges to consider and decide.»
Or it may happen through direct interactions with a
judge, such as evidentiary objections or
motions, novel legal arguments of
how the law applies to facts, or
motions or other arguments that ask the
judge to shape the law to fit a previously unanticipated circumstance.
He knows the courts and their personnel throughout the state, allowing him to anticipate
how a particular prosecutor or
judge will respond to a
motion or sentencing request.
In a webinar on 1 November, Ms Green promises to show
how to use Bloomberg's new tool to: «Uncover relationships among law firms, companies and
judges to inform litigation strategy; Understand a
judge's behavior when ruling on certain
motions; Better predict possible litigation outcomes through data visualization».
The
judge hearing the summary judgment
motion held that there was no genuine issue requiring a trial for the following reasons: (i) there was no evidence that anyone died on the property, either by natural causes or some criminal act; (ii) the vendor was not required to disclose that someone had died on the property or that the property may be haunted; (iii) there was no evidence as to
how the purchaser could prove... Read More
Counsel can determine on Lex Machina's
motion comparator, Ravel Law's
motions database or Bloomberg's Litigation Analytics
how likely
judges are to either overturn or modify a jury verdict.
In response to (1), the ONCA noted that «this is not
how summary judgment
motions work» and held that the
motion judge properly considered the evidence, applied the statutory framework, and determined the appropriate equalization payment.
For instance,
how might a certain
judge rule on a
motion?
Acknowledging the issues were novel, the
motions judge in the case concluded that the defendant / accused had breached the deemed undertaking of confidentiality when he used for his criminal defence the plaintiff's documentary productions from the civil case without first seeking directions from the court as to whether and
how he could do so.
While we must wait to see what happens with the appeal, and whether the pre-approval procedure adopted by the
motions judge is confirmed or modified, criminal and civil counsel need to be cautious
how they treat productions when there is a multiplicity of legal proceedings arising from the same events.
Ultimately, the Federal Courts» websites could offer guidance, both verbal and through multi-media presentation, on when to bring
motions, what attracts and repels
judges and prothonotaries, and
how to conduct oneself in the courtroom.
The
motion judge did not state
how the clear differences in the evidence of Dr. Simon and of Mr. Mahmood ought to be resolved, the resolution of which would necessarily have depended largely on findings of credibility.
If you lose one of your
motions, the case isn't over and
how you deal with the rejection will go a long way in
how the
judge sees you and feels about you.
Once you file a
motion, you must also attend the court hearing on the matter so a
judge can determine
how your ex will pay you the arrears.
This will ensure that you pay thousands of dollars in
motion fees asking the
judge to make temporary decisions such as
how the bills will be paid and when the children will be sleeping in your home.