Sentences with phrase «judgment motion principles»

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.

Not exact matches

The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

Judgments in areas of law under provincial jurisdiction might also be translated if they deal with principles similar to those applied in analogous areas of law in common law provinces, such as youth protection, labour law, or motions for leave to bring class actions.

First Capital's costs would violate the principle of proportionality because they'd amount to more than 50 per cent of the substantial indemnity costs of $ 709,000 incurred by the plaintiffs in defending all five summary judgment motions.

This practice, which was also suggested in Combined Air, is put forward by the Supreme Court as being appropriate for challenging «lengthy, complex motions» for summary judgment that would «not sufficiently advance the litigation or serve the principles of proportionality, timeliness and affordability.»

The Court hearing the case agreed with the defendant and granted the defendant's motion for summary judgment, based on the legal principle of assumption of the risk.

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.

We note that concerns about the constitutionality of the filing... of judgments from nations that do not adhere to basic principles of due process of law may be addressed by amending the FCMJRA to require prior judicial approval of judgments of foreign countries by way of motion or a separate enforcement proceeding.

[24] The Superior Court of Justice has since considered a multitude of summary judgment motions using the principles established in Hryniak.