Sentences with phrase «leave motion judges»
Batner says the rulings essentially leave motion judges to their own devices — and without any true test — when determining whether a case should be granted summary judgment.
http://www.canadianlawyermag.com/ Not exact matches
With the conviction of Sheldon Silver, the former speaker of the State Assembly, all that seemed left for the judge was a defense motion for a new trial and Mr. Silver's sentencing, both of which are pending.
The Motion Judge found that REL's offer was a «take it or leave it offer» and the terms of the offer were less favourable than Ms. Aylsworth had previously enjoyed.
Those issues were settled between the parties and the only issue left to the motion judge was the parties» costs.
In upholding the decision of the motion judge, the Court of Appeal addressed the test for leave, and in citing the Supreme Court, stressed that the bar is higher than the threshold for authorizing a regular class action.
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.»
The first branch upon which leave may be granted requires the moving party to establish that there is a conflicting decision of another judge or court in Ontario or elsewhere, and that it is in the opinion of the judge hearing the motion «desirable that leave to appeal be granted».
The Court of Appeal for Ontario dismissed the appeal from the trial judge, and the motion for the motion for leave to appeal the costs decision (The Catalyst Capital Group Inc. v. Moyse, 2018 ONCA 283 (CanLII), http://canlii.ca/t/hr4gx)
Accordingly, the judge granted the motion for summary judgment on the issue of punitive damages and left the plaintiff's negligence claim as the sole remaining issue for trial.
In a previous decision, the court refused leave to appeal from the motion's judge's refusal to sever the husband's claim for divorce.
In Children's Aid Society of Toronto v. M.S., the ONCA affirmed the motion judge's decision to deny the appellant father leave to bring a status review application for his children who were Crown wards.
Leave may be granted under (a) where there is a conflicting decision by another judge or court in Ontario or elsewhere on the matter involved in the proposed appeal and it is, in the opinion of the judge hearing the motion, desirable that leave to appeal be graLeave may be granted under (a) where there is a conflicting decision by another judge or court in Ontario or elsewhere on the matter involved in the proposed appeal and it is, in the opinion of the judge hearing the motion, desirable that leave to appeal be graleave to appeal be granted.
In Robertson, the ONCA denied the appellant's motion for leave to extend the time for appealing the trial judge's order that the matrimonial home be sold.
It appears that the moving parties sought a review, before a panel of three ONCA judges, of the order of Simmons J.A. who had found that none of the matters in the moving parties» leave to appeal motions were properly before the ONCA.The three - judge panel held that Simmons J.A. had made no error.
In the latest preliminary ruling in a subprime or credit crisis - related securities lawsuit, Southern District of Florida Judge Ursula Ungaro in a December 11, 2008 opinion (here) granted the defendants» motion to dismiss the plaintiffs» complaint, with leave to amend.
The court declared the claimant a vexatious litigant, granted the defendants» motion to strike the claim, and granted the College's application that the claimant be prohibited from commencing further litigation without leave of a judge of the Superior Court of Justice.
Applying the C.A.'s 2012 decision in Sharma v. Timminco, 2012 ONCA 107, the motions judge dismissed the leave application and the statutory action as time - barred.
When the judge in the first riot - related sentencing case denied the government motion it caused the provincial government to back away from the «RiotTV» plan, which had met considerable resistance from various parties including the government's own prosecutors, as well as critics questioning why an administration insistent that there's no more money left in the kitty for justice administration was marshaling precious resources in this manner.
Harvison Young J. concluded that the number of recent cases which accepted and applied the reasoning in Ainslie «overwhelming supports the motion judge's interpretation of s. 138.8 that it does not require the defendants to deliver affidavits or to be subjected to cross examination when they do not intend to lead evidence in response to the leave motion».
The motion judge refused to consider the affidavit evidence, and held that: the arbitration agreement was a stand - alone agreement that provided only for appeals on questions of law, with leave; even if the lease were considered, it did not provide for broader rights of appeal; and that Brookfield's notice of appeal raised only questions of fact or mixed fact and law.
Amazingly, the legislation itself leaves no residual discretion for a motions Judge to decide that a trial is required in order to serve the interest of justice.
In dismissing Healing Hands» summary judgment motion and allowing Dr. Simon's summary judgment motion in part, the motion judge stated that he was satisfied that the Clinic breached its business arrangement with Dr. Simon and because of the breakdown of their relationship, she left the practice.
(2) Did the motion judge err in refusing the appellant's request for leave to commence a new action against the respondents?
The motion judge found that Healing Hands was liable for Dr. Simon's loss of income for 2.25 years after she left the clinic, but did not root the legal basis for this finding either in the business arrangement or in Healing Hands» undertaking to pay damages (which it had given on the interlocutory injunction motion).
The appellants also seek leave to appeal the motion judge's costs order in favour of the respondents.
Facts: The moving party, Sylviette Brown, moves to set aside the order of the Registrar dated January 24, 2018 dismissing for delay her motion for leave to appeal from the order of Healey J., sitting as a single judge of the Divisional Court dated April 11, 2014.
He left under questionable circumstances, which has led to a lengthy legal battle (wherein Move and NAR have sued Zillow and Samuelson over allegations of breach of contract, breach of fiduciary duty, and misappropriation of trade secrets), with the most recent motion being for contempt, which a judge granted to Move / NAR after the mysterious «Samuelson Memo» surfaced.