Sentences with phrase «judgment motions provide»

[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...

Not exact matches

[14] Hryniak provides for a more proportional approach to motions for summary judgment.

A scheduling decision, released last week by Justice Brown of the Commercial List in Toronto, provides the first insight as to how summary judgment motions may be changing on a practical level.

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.

When a motion for summary judgment is made and supported as provided in this Code section, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this Code section, must set forth specific facts showing that there is a genuine issue for trial.

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.»

Rule 12 is amended to provide that the judgment debtor, rather than the clerk, must mail notice to the judgment creditor of a motion that a judgment be deemed satisfied.

For this reason, our Rules of Civil Procedure provide for the option of a summary judgment motion, which allows the moving party to proceed «directly» to a judge and make a pitch that this particular case can be decided by a motion judge and does not require a full trial.

[18] Rule 20 was introduced in 1985, and it expanded the court's jurisdiction to grant a summary judgment from the jurisdiction provided in the former Rules of Practice, which was limited to specially endorsed writs and motions for summary judgment against defendants.

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.

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.»

Moreover, an appellate lawyer can provide an invaluable skill set by helping draft dispositive motions, pre - and post-trial briefs, jury instructions, and post judgment motions.

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.

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.

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.

Cecil's study provides four categories of summary judgment outcomes: grant in full, grant in part, deny, and «other,» meaning that no action was taken or the district judge accepted the magistrate judge's report and recommendation without indicating whether the motion was granted or denied.

Again, Justice Pollak cited Paramandham, where the court granted the Insurer's summary judgment motion for a dismissal of the action where the Plaintiff did not provide the evidence necessary to establish that he fell outside of the MIG.

Denying defendants» two motions (the summary judgment motion and motion to strike), the Court provides a useful gloss on the operative evidence rules that control e-mail documents in litigation.

The plaintiff brought a summary judgment motion claiming that his employment with Olympus was continued employed from Carsen, and that he was provided with no fresh consideration when signing the Olympus agreement.

The employee had argued unsuccessfully at a summary judgment motion that the language of the termination clause was an attempt to contract out of the ESA because it did not specifically provide the employee with «severance» as required by the ESA.

Too many summary judgment motions and too few judges to hear them provide a recipe for gridlock.

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.

The Ontario Court of Appeal in Butera v. Chown, Cairns LLP, 2017 ONCA 783, recently overturned an award of partial summary judgment in a professional negligence action and provided guidance on the appropriate circumstances in which partial summary judgment motions should be brought.

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.»

Aside from the apparent procedural novelties involved in compelling an affidavit (or oral testimony) for its summary judgment motion (where recent SCC jurisprudence favouring summary judgment may assist), there is the added complexity of compelling the patent examiner (or another CIPO representative) to provide specific evidence regarding a particular patent.

Where the evidence in the record establishes a clear conflict, it is incumbent on a summary judgment motion judge to consider expressly whether the powers provided under r. 20.04 (2.1) and 20.04 (2.2) are to be deployed in resolving the conflict.

Coldwell Banker Village Green Realty v. Pillsworth (32 A.D. 3rd 568 [3rd Dept.]-RRB-- Order of the Supreme Court granting broker's motion for summary judgment affirmed; in the absence of an agreement to the contrary, the broker's right to a commission is not contingent upon performance of the underlying real estate contract, receipt by the seller of the sale price, transfer of title, or even a formal execution of a legally enforceable sales contract; seller could not utilize the provisions of a subsequently executed sales contract wherein seller agreed to pay broker's commission «if and when title closes» as a bootstrap to avoid her obligation to the broker under the clear and unambiguous provisions of the listing agreement as such language was contained in the contract of sale prepared by counsel and to which broker was not a party; provisions in listing agreement that seller would accept a binder or purchase contract contingent upon purchaser's ability to obtain conventional financing and provided any other contingencies in the binder or purchase agreement are acceptable to the seller speak only to the type of purchase offer that seller was obligated to accept and does not alter or otherwise qualify broker's right to a commission

Co. (295 A.D. 2d 554)-- issues of fact exist as to whether broker was the procuring cause of lease where broker not only introduced tenant to the property and gave tenant a tour of the property but, at the request of tenant, also provided proprietary lease information; there are also issues of fact as to whether tenant and broker had an implied contract; Supreme Court's order denying defendant's motion for summary judgment dismissing broker's cause of action seeking to recover damages in quantum meruit affirmed

The trial court stated that a previous case, Bonde v. Bishop, «provided for an absolute right to sever any roots that enter an adjoining landowner's property», and granted the motion for summary judgment.