Sentences with phrase «judgment motion»

The example she usually gives is a summary judgment motion in a two - party case with $ 100,000 at issue.

To give an example, you can run a search to find all decisions where a plaintiff brought a summary judgment motion in a property damage case and won.

However, the court granted the superintendent's and deputy superintendent's summary judgment motion for this claim because individuals are not liable under Title VII.

The court subsequently invited summary judgment motion on infringement and the client obtained a favorable settlement.

The accident victim can survive a summary judgment motion by gathering evidence and doing some homework.

The case presented the court with the opportunity to discuss how lower courts should handle summary judgment motions filed by the defendant when conflicting facts exists.

Assisted a large automotive manufacturer in successfully responding to a summary judgment motion seeking wrongful dismissal damages.

As a result and for all of the above reasons, the summary judgment motion dismissing the claims against the six referenced holding companies and the two personally named defendants was granted.

In previous posts I have discussed the fact that litigants in some jurisdictions can actually obtain trial dates sooner than they can obtain summary judgment motion dates.

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.

One such attempt was through the amendment of Rule 20, the summary judgment motion rule.

In a recent case, both the winner and the loser of a summary judgment motion thought that the motion judge got it wrong, and both sought leave to appeal.

The use of summary judgment motions now means that many wrongful dismissal actions are being decided prior to the conclusion of the notice period awarded to the plaintiff.

A summary judgment motions offers a faster and more cost efficient resolutions of a wrongful dismissal resolution of a wrongful dismissal claim than a trial.

If this principle is not followed, there is a very real possibility of a trial result that is inconsistent with the result of the summary judgment motion on essentially the same claim.

The defendants brought a summary judgment motion seeking to dismiss the claims against them.

Last but not least, employers should anticipate that employees will increasingly bring summary judgment motions to resolve bonus entitlement issues that are not agreed to at termination.

In Crisafi v. Urban Landmark Realty Inc., 2018 ONSC 191, the Ontario Superior Court of Justice addressed a summary judgment motion brought in a real estate litigation matter and provided guidance on when the Court will use its enhanced fact - finding powers set out in the 2010 amendments.

Always one to strive for judicial efficiency, Justice Brown indicated that it made the most sense for him to set a schedule for the summary judgment motion which would require the parties to complete the written record well in advance of the hearing date, so that the judge scheduled to hear the motion could assess the adequacy of the written record in advance of the hearing and give directions in advance of the hearing about the calling of oral evidence.

Kuchta held that the borrowers could not file a post judgment motion again raising the standing issue.

Judge Land also denied Tyson's summary judgment motion based on the Portal - to - Portal Act because «there is a genuine issue of material fact as to whether the donning, doffing, and sanitizing activities are «integral and indispensable» to Plaintiffs» principal work activities.»

The Court of Appeal also reversed the motion judge's dismissal of claims of oppression, collusion, and breaches of fiduciary duty as against current US presidential candidate Donald Trump and other invidiual defendants, on the basis that those issues were not properly put before the summary judgment motion judge at the motion.

After the plaintiff set the action down for trial, the plaintiff brought a motion requesting leave of the court to bring a summary judgment motion with respect to liability and contributory negligence, while leaving the issue of damages for trial.

Working with Katrina Trask and Erin Chesney, Macfarlane, who's director of the project, compared the results of summary judgment motions involving self - represented parties in both 2004 and 2014, the year in which the Supreme Court of Canada released its landmark decision in Hryniak v. Mauldin.

The Court of Appeal of Ontario decision in 1418885 Ontario Ltd. v. 2193139 Ontario Limited, 2018 ONCA 54, recently overturned a summary judgment motion decision which confirmed the importance of requisition letters in real estate transactions.

First, it provides a glimpse as to how the Supreme Court decision will alter the scheduling and hearing of summary judgment motions at the most basic level.

The Court emphasized (para 59) that the amended rule is not to be interpreted as creating a summary trial — a summary judgment motion does not constitute a trial.

According to the scheduled filed many months ago, we should expect to see a summary judgment motion from DA pretty soon - ish.

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.

[2] Increasingly, there is recognition that a culture shift is required in order to create an environment promoting timely and affordable access to the civil justice system... [3] Summary judgment motions provide one such opportunity...

The central message of the Court of Appeal's decision is that the summary judgment motions court can not dispense with a trial unless it is «in the interests of justice» to do so: ``... the aim of the civil justice system is to provide a just result in disputed matters through a fair process.»

Following his dismissal in 2015, Mr. Krishnamoorthy brought a summary judgment motion claiming that his employment agreement was void for lack of consideration and that he was entitled to common law reasonable notice.

But while Hryniak was found guilty in a summary judgment and ordered to pay $ 2 million, the court dismissed a summary judgment motion against Peebles and the law firm, deciding the allegations against them must go to trial.

With no billable hours to measure, no depositions to observe, no summary judgment motion results to track, and no trial results to either celebrate or anguish over (and I know, the better lawyer often loses in court), pretty much all the evaluations are «soft» ones.

Appeals from the granting of a summary judgment motion go directly to the Court of Appeal, but appeals from the denial of such a motion go to the Divisional Court, and only then with leave.

Instead of saying, «Short - term project,» it's better to say, «Short - term project, summary judgment motion research project, project end date January 31.»

Tillman reports that, in an email this morning, Taitz said she planned to refile her opposition to the summary judgment motion today.

While it will be interesting to follow how this summary judgment motion progresses, this case illustrates that the expanded evidentiary powers on a summary judgment allow the Court to require that further oral evidence be adduced to assist with determining whether a genuine issue requiring a trial exists, even where the matters in dispute deal with complex technical issues.

As of a few weeks ago summary judgment motions over 2 hours in duration were being booked for April and May of 2013.

Within five months of filing lawsuit and shortly after the filing of a pre-discovery, summary judgment motion asserting immediate right to payment, the matter was successfully resolved.

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

The Court considered the guidance recently provided in the Supreme Court of Canada decision in Hryniak v. Mauldin, 2014 SCC 7, with respect to summary judgment motion principles before providing its analysis of the case.

Defense lawyers are paid hourly, summary judgment motions take lots of time.

Most summary judgment motions lose.