Sentences with phrase «judicial economy»

Once again, considerations of judicial economy win out over opposing claims that two lawsuits are different enough to proceed on separate tracks.

«The transfer is in the interest of justice, for the convenience of witnesses and the parties and for judicial economy,» states one of the legal filings.

As these matters are directly related, case law has consistently held that they must, at the very least, be resolved together, to promote judicial economy and justice for the parties.

See, by adopting across - the - board, we've already aided judicial economy by freeing you from answering this silly question.

If that premise were true, then it would follow that Mr. Waldman's action would not advance access to justice for class members, would not provide judicial economy, and would not achieve the behaviour modification of a wrongdoer.

Whether judicial economy would be advanced, in some way, by hearing a case notwithstanding that the concrete dispute has been resolved; and

In many ways, Justice Story's Bill of Peace stands as the keystone between the Founders» demands for a fair trial, and later courts» struggles to preserve judicial economy and fairness in class actions.

[79] In response to perceived difficulties in demanding strict adherence to the constituent elements of res judicata, modern Canadian courts have developed the independent but related concept of abuse of process as a means of barring relitigation where permitting it to proceed would offend vital principles such as judicial economy, consistency, finality of legal disputes, and, perhaps most importantly, the integrity of the judicial decision - making process.

Judicial economy always favors one lawsuit over many lawsuits.

«It's a huge issue with judicial economy and use of the court's time,» said Fulton County Superior Court Judge Bensonetta Tipton Lane.

Further, judicial economy favours determining these issues.

These amendments were enforced to facilitate judicial economy, access to justice, and deterrence.

The judge concluded: «A class proceeding will substantially advance this litigation, including the question of common issues, having regard to the principles of judicial economy, access to justice, and behaviour modification.»

Justice Brown found that the whether or not the court should exercise its discretion to hear a moot appeal, is guided by the following test: (i) whether the issues can be well and fully argued by parties who have a stake in the outcome; (ii) the concern for judicial economy; and (iii) the need for the court to remain alive to the proper limits of its law - making function in order to avoid intrusions into the role of the legislative branch.

[206] In the case at bar, a class action would provide judicial economy.

The half - dozen motions filed by attorneys for the defendants describe Buffalo as the «center of gravity» in the Buffalo Billion case and state that transferring the case to Buffalo «is in the interest of justice, for the convenience of witnesses and the parties and for judicial economies.

[201]... Putting aside the manageability factor, there is a fatal flaw in Thomson's arguments about access to justice, judicial economy, and behaviour modification.

This because it considered that the Implementing Regulation was a regulatory act (within the meaning of Inuit I), and that it did not entail implementing measures (the Commission holds that this condition is a test as to whether «the lowest act in the hierarchy of norms is challenged» — a question of judicial economy and the organisation of judicial remedies).

He further concluded that a class proceeding would satisfy the legislated goals of judicial economy and access to justice.

The two cases were consolidated for judicial economy, with each party claiming damages.

In the alternative, if CN Rail made an error then proceeding as a class action «would provide access to justice and judicial economy for a mass mistake in an efficient and manageable way.

The Defendant argued that the Trust Approach is inconsistent with the principles of judicial economy and fairness.

Over and above the Court of Appeal's concerns with respect to judicial economy, the need for deference to the decision of the Motion Judge was emphasized as follows: «Where there is no error in principle, the determination of the motion judge should be upheld absent a showing of palpable and overriding error: Hryniak, at para. 81.»

«Moreover, any notion of judicial economy would be destroyed if each potential class member were required to proceed individually against the defendants and prove the same negligence and consumer protection claims,» she wrote.

In a time of judicial economy, when the court system is already overburdened, the first thing which will probably go are experts who are not deemed necessary, even if properly qualified.

As such, the court is required to assess whether there is a cause of action, shared by an identifiable class, from which common issues arise that can be resolved in a fair, efficient and manageable way that will advance the proceeding and achieve access to justice, judicial economy and the modification of the behaviour of wrongdoers: Sauer v. Canada (A.G.), [2008] O.J. No. 3419 (S.C.J.) at para. 14, leave to appeal to Div.

They will review data on the ever - increasing class action lawsuits in the province, surveying those involved to analyze how these cases have affected access to justice, judicial economy and deterrence.

Rewrote all procedure within the Criminal Department to assist with training and improve overall efficiency and judicial economy.