Sentences with phrase «judgment motion go»

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.

Not exact matches

If you respond, your case can go to trial or the lender can seek a motion for summary judgment.

The district will immediately go to court to affirm the SRC's action, filing a motion for declaratory judgment with the Pennsylvania Department of Education as co-plaintiff.

Defendants have claimed that they are going to file a motion for summary judgment right about... now - ish in court terms.

If Ellora's Cave intends to keep up with the suit — responding to discovery, filing for protective motions, writing responsive briefs in reply to motions for summary judgment — it's almost certainly going to have to spend as much as Jane.

[17] Unlike these procedural motions, motions for summary judgment go to the heart of the merits of the dispute between the clients.

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.»

For example, if somebody comes in with one day to go with a huge summary judgment motion or other big task, the answer is I'm sorry, had you only come in two weeks ago, I would've been glad to help you.

As a matter of practice, the Supreme Court indicates the judge hearing the motion for directions «should generally be seized of the summary judgment motion itself,» ensuring his or her acquired knowledge about the matter does not go to waste.

Hryniak goes beyond simply endorsing summary judgment; indeed, the Supreme Court lists a number of tools it believes can be used to maximize the efficiency of a summary judgment motion.

«It goes without saying that certification has nothing to do with the merits of the claims that have been made, Deloitte may well prevail when all of the evidence is presented and assessed at trial or on a summary judgment motion,» he wrote.

Much more recently, however, the Supreme Court of Canada decision in Hryniak v. Mauldin held that «a trial is not required if a summary judgment motion can achieve fair and just adjudication... and is a proportionate, more expeditious and less expensive means to achieve a just result than going to trial».

Our litigation track record is proof of our sound judgment about when to go to trial, pursue an appeal, or bring a summary judgment motion.

The resulting decision (s)(known to most as «Combined Air») provided, arguably, clarity to motion judges going forward and set out which types of cases are and are not suitable for summary judgment.

Justice Bale found that the issue was whether the proposed summary judgment motion was likely to provide a «proportionate, more expeditious and less expensive means to achieve a just result than going to trial», citing the Supreme Court of Canada decision in Hyrniak v. Mauldin, 2014 SCC 7.

For personal injury lawyers we require proof of 3 cases that have gone to trial in the last 5 years resulting in verdict for that lawyer and we also require 2 motions for summary judgment ruled in favor of that attorney.

I am not going to comment on whether or not I believe that the discovery process should be permitted in all cases to run its course when a motion for summary judgment is pending.

I mean we're doing this recording on May the 9th and a motion for summary judgment is going to be filed on May the 24th.

Imax's summary judgment motion based on a limitation defence was denied yesterday, giving the class action bar cause for celebration in light of other recent decisions that seem to go against plaintiffs in similar circumstances where lengthy proceedings have delayed matters.

The appellants submit that while Hryniak modified this court's decision in Combined Air in some respects, it did not disturb this court's instruction, at para. 65, that while the court may use rule 20.05 «to salvage the resources that went into the summary judgment motion,» the rule «should not be applied so as to effectively order a trial that resembles the motion that was previously dismissed....