Sentences with phrase «initial motions judge»

The initial motions judge, bound by the Court of Appeal's ruling in McNaughton, found in favour of the plaintiffs.

Not exact matches

Coinbase fought the initial IRS» motion, and a judge agreed, ruling that the IRS filing was too broad.

All throughout this legal battle, Apple has fought Judge Denise Cote on nearly every ruling, and have filed multiple motions and appeals; at one point, Apple was back in court for directly refusing to work with the court - appointed monitor that Cote ordered as a result of ruling against Apple in the initial phase.

If the first decision was fortuitously not law of the case - because of the judge's decision to rule on the initial motion to dismiss - then that argument should have been made and decided at the trial level; exactly like it now should.

Having the same judge hear both motions encourages both parties to be credible in their initial temporary hearing submissions, as they are more likely to lose credibility with the court if they must appear before the same judge to whom they previously provided inaccurate information.

Appellate Decision: As no new facts came to light after the initial contempt finding had been made, the principle of finality must be respected and Rule 60.11 did not permit the motion judge to revisit or reverse her initial finding of contempt.

The first being an initial motion for directions from the judge, the second being the actual argument of the summary judgment motion and the third being a second hearing involving viva voce evidence, should the motions judge decide that oral evidence is necessary.

Past this initial hump, the distributions also show that federal judges decided a larger proportion of their motions after 200 days than state judges.

The Class argued that the motion judge's initial declaration that the Crown had breached its fiduciary duty had not been disturbed, and that the reach of both s. 5.1 (4) and the Supreme Court's decision were limited to «interest» as distinct from damages for failure to invest.

[45] As the motion judge observed in the initial motion, and as I have already noted, a mortgage discharge statement «is not something that is merely a private matter between the mortgagee and mortgagor, but rather is something on which the rights of others depends, and accordingly is something they have a right to know» (2012 ONSC 3272 (CanLII), para. 29).