Sentences with phrase «judgment motions at»
According to Tjaden and Karabus, during Hryniak's first year, judges who dismissed summary judgment motions at the Ontario Superior Court chose not to remain seized, or failed to address the issue of being seized, in 60 per cent of cases.
http://www.canadianlawyermag.com/ 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;
If any other matters are properly presented for consideration at the 2018 Annual Meeting, including, among other things, consideration of a motion to adjourn the 2018 Annual Meeting to another time or place, the persons named as proxy holders, Elon Musk, Deepak Ahuja and Todd Maron, or any of them, will have discretion to vote the proxies held by them on those matters in accordance with their best judgment.
At the time plaintiff filed the motion for default judgment in default of defence, the defendants had not been served with any Statement of Claim as required under the Rules of Court in support of the amended Writ of Summons to which they could respond by way of a statement of defence.
At that time, the plaintiffs — adult stem cell researchers James Sherley and Theresa Deisher — expect to file what's called a motion for summary judgment, which asks that the case be decided without a trial.
Here's a closer look at the court's ruling on the district's and individual defendants» motion for summary judgment for Ms. I's claims.
(c) Violation of 14th Amendment procedural due process The court granted the defendants» motion for summary judgment for this claim, finding that Ms. I did not meet the applicable precedent, which requires at the threshold an allegation that the reason for the forced discharge was to avoid a pre-termination hearing.
If there are no alternative facts submitted by the defendant, the case will be decided at the motion for summary judgment stage.
Generally, the contents of lawyers» affidavits of this sort can be ignored on motions for summary judgment: Victoria Mendes et al. v. Blaisdale Montessori School, 2014 ONSC 3178 (CanLII) at para. 3, aff'd 2014 ONCA 821 (CanLII).
His memorandum in opposition to a defense motion for summary judgment was due at midnight.
Both Freeman and the Harbor Schools filed motions for summary judgment, arguing that the three year statute of limitations on all claims had expired, as the claims accrued in the spring or summer of 1993 or at the latest in November 1993.
At Horton, Dowd, Bartschi & Levesque, we offer a team approach, providing clients with a comprehensive defense that covers every step of the legal process from pretrial matters through discovery and settlement negotiations, all the way to trial, post judgment motions, and any possible appeals.
By order dated July 14, 2014, the motion judge, the Honourable Justice Martin S. James of the Ontario Superior Court of Justice sitting at Ottawa, granted Mr. Arnone's motion for summary judgment and ordered Best Theratronics to pay (i) damages equal to the gross amount of the salary Arnone would have earned until he qualified for an unreduced pension, less payments made to him to satisfy the statutory obligations of the employer, (ii) $ 65,000 representing the present value of the loss of an unreduced pension, (iii) a retirement allowance equal to 30 weeks» pay, and (iv) costs totaling $ 52,280.09.
At the motion for summary judgment, the plaintiff had filed a letter from a third party dentist, which noted that the defendant dentists did not meet the standard of care.
The landlord moved for partial summary judgment on the rent that had already accrued and was undisputedly owing at the date of the motion... [more]
Judge Reiss granted the defendants» motion for summary judgment, finding that «the only reasonable interpretation of that language is that it requires Killington Ltd. to provide the designated passholder free use of all ski lifts operated by Killington Ltd. at the Killington Ski Area so long as it operates in that area... «The term corporation, she wrote, «clearly refers to the named corporations, Sherburne and Killington Ltd.» and «reveals no intention to bind Killington Ltd's successors... To the contrary, Killington Ltd.'s obligations under the passes clearly terminate with its cessation of operations in the area.»
The motion judge correctly ruled that, where there was no evidence that David Pearlman was in control of the vehicle at the time of the accident or that he gave his consent to Thomas» operation of the vehicle, he was entitled to summary judgment with respect to the negligence claim against him.
Appellant, Heather Reffaie, challenges the trial court's final judgment, which found her eighty percent comparatively negligent for her slip and fall at a Wal - Mart store, and the trial court's denial of her motion for new trial.
At the summary judgment motion, the judge found that the legality of the present use of the residential apartments was a valid objection and the vendor did not establish that the residential apartments were a legal non-conforming use.
Noting the «full trial has become largely illusory» and Combined Air sets the summary judgment bar «too high,» Hryniak instead emphasizes the powers to weigh evidence, evaluate credibility, and draw reasonable inferences at summary judgment are «presumptively» available to the motion judge.
On a summary judgment motion, «the evidence need not be equivalent to that at trial, but must be such that the judge is confident that she can fairly resolve the dispute.»
2008)-- Denial of manufacturer defendant's motion for summary judgment in cases arising from explosion at facility in Groton, Connecticut on grounds that there existed genuine issues of fact as to product liability and recklessness counts of case against manufacturer based on its claimed failure to account for and disclose relevant safety and storage information of risks involved in the transport and storage of chemical reagent at ambient temperatures.
In addition to the change in approach signalled by these rulings, the courts have recently leaned toward the use of summary judgment motions, which in Toronto must be heard within 100 days of counsel's attendance at Civil Practice Court, formerly called Motion Scheduling Court.
* The name of the case, the identity of the party we represent, and how to bill the time; * The issue that needs to be answered; * The facts of the case I think are most pertinent to the issue; * The procedural posture of the case and how the work product will be used — for a motion to compel, for a response to a motion for summary judgment, for an evaluation letter to the client, etc. * Whether I think the issue has been researched at any other time in the office, and how to find the old research; * The result I want to reach, i.e., what I'd like the answer to be, if possible.
«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.
There's mention of an interesting discussion at SCOTUS blog on the decline in paid petitions for cert to the U.S. Supreme Court, whether judges accurately report facts in summary judgment motions (one way to tell is to read the dissents, according to the post) and an interesting study on pro se defendants who apparently perform fairly well in criminal proceedings.
In the recent decision of Covenoho v. Pendylum Ltd., the Ontario Court of Appeal awarded a former employee of Pendylum 40 weeks» pay ($ 56,000.00), overturning the ruling of the Motion Judge at summary judgment.
At issue in this particular appeal was whether the summary judgment motion judge erred by retroactively reducing the Husband's spousal support obligation and terminating it entirely, effective November 1, 2016.
Obtained $ 50 million for Pacific Life against Bank of New York Mellon at conclusion of motions for summary judgment in breach of contract and breach of fiduciary duty matter in an investment mismanagement case.
In the motion for summary judgment, the plaintiff argued that the city is a «sophisticated entity» and could have found the location of her injury by looking at a map.
Obtained defense verdict on motion for judgment at close of plaintiff's evidence, obtained award of attorneys» fees, and successfully defended judgment and award on appeal.
After a judge makes a decision at the hearing, the other spouse has 30 days to file a motion to overturn the default judgment.
«I think what [Corbett] is getting at there is if you're faced with a motion for summary judgment, put forward the evidence you would lead at trial if you have it available,» Rouben adds.
This 1992 case has definitely walked down it, but at the ned of the day, the plaintiffs and their counsel were singing the Pink Floyd anthem «Another Brick in the Wall» after consistently banging their collective heads against a popular procedural wall — Northern District of Illinois Local Rule 12 governing the briefing and submission of summary judgment motions.
The overall weight of each of the factors just noted (as well as any other relevant factors) will be determined when the case proceeds to the merits and all of the evidence is presented and assessed at trial or on a motion for summary judgment.
The result was that summary judgment motions were generally only brought in very straight forward cases where, at least in the opinion of one party, there was no genuine issue for trial.
It is not clear at this time how the Supreme Court's decision in these two cases will impact the use of summary judgment motions in the province.
After evaluating the asserted patent and AMES products, Brooks Kushman planned a strategy of moving for summary judgment at a very early stage of the case, and encouraging the court to address claim construction issues as part of that motion.
Typically, when a party loses a motion for summary judgment that party may still elect to contest the matter at trial.
In plaintiff customer's suit alleging that tainted seafood he consumed at Frankie Rowland's Steakhouse in Roanoke triggered his Guillain - Barré syndrome, the Roanoke U.S. District Court grants summary judgment against Sam Rust Seafood Inc. on motions filed by Performance Food Group...
With respect to the Appellant's first ground, the Court of Appeal found the argument summary judgment should not have been granted on the basis proceedings were still at an early stage in their development «overlooks the direction provided by the Supreme Court of Canada in Hryniak v. Mauldin, 2014 SCC 7 (CanLII), [2014] S.C.J. No. 7 (S.C.C.), at paras. 49 and 66, that summary judgment is to be granted where the record enables to motion judge to reach a fair and just determination on the merits and to do so in a timely, more affordable and proportionate manner.»
A motion for summary judgment is a formal request asking the judge overseeing the lawsuit to determine that there is no actual issue of material fact to be decided at trial.
The auto insurer filed a motion for summary judgment as a matter of law, supplying postal receipts to show the cancellation notice was mailed to the plaintiff at a Lewiston apartment address in October 2014.
A close look at the data and recent orders and motions will help inform a decision as to whether to file a motion for judgment notwithstanding the verdict or a motion for new trial.
To generate predicted probabilities, we held all variables at their means (or modal values if dichotomous) aside from the difference in readability score variable, which we varied from -4 to 4 based on the spectrum of our data.102 The results for the predicted probability that a moving party prevails on a motion for summary judgment based on a given readability score are presented in Figure 1 below.103
The Year In Review also provides effective strategies to manage workplace harassment via social media, settle WSIB claims quickly and at minimal cost, as well as details on when employers can resist motions for summary judgment in wrongful dismissal litigation and the most recent legal developments in family status accommodation.
As a result, federal court judges have a stronger personal incentive to grant summary judgment than some of their state court counterparts.93 Finally, federal courts have more resources at their disposal than state courts and are therefore in a better position to invest the significant judicial resources often required to decide a motion for summary judgment.94
Won a motion for judgment at trial in which a client in an automobile negligence claim had been involved in a three - car accident, in which the client's car was sandwiched between two other drivers» vehicles.
Aided by a leading in - house jury consultant and a high - quality in - house graphics team, we make persuasive presentations at all phases of a case — from preliminary injunction motions to claim construction, summary judgment, trial and beyond.
(Part 1: The Motion), S.C. Law., May 2013, at 54, 54 («After speaking informally with several state court judges, I realized that they are reluctant to grant summary judgment motions except in cases in which the claims are almost to the point of being frivolous.»)