Sentences with phrase «motion judge correctly»

The motion judge correctly applied the Carey framework.

As the motion judge correctly concluded, it is a category that has already been considered and rejected: see Hill v. Hamilton - Wentworth (Regional Municipality) Police Services Board, 2007 SCC 41 at paragraphs 27 and 45.

The motion judge correctly took Local 773's conduct of the action into account when deciding whether to grant the amendment and to make a representation order.

The motion judge correctly refused to consider the affidavit evidence.

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.