[14] On this appeal, the appellant has not identified an error of principle in the decision
of the case management judge.
The Court of Appeal has determined that the decision
of a case management judge to refuse a settlement is an interlocutory order.
«Reforms to the civil justice system have enhanced the role
of case management judges as gatekeepers in the litigation process.
Not exact matches
I would wear a dress like this with a blazer for non-
judge appearances (e.g.
case management conferences outside the presence
of judge).
Two years ago, PELP, a collaborative project between faculty at Harvard Business School and Harvard Graduate School
of Education that focuses on developing effective leadership and
management practices to support large - scale organizational change in urban school districts, began the
Case Competition where teams
of Harvard University students present recommendations for a school district to a panel
of faculty
judges.
Selection involves several rounds
of written responses, interviews,
case studies, and problem - solving exercises, where applicants are
judged on 10 criteria, from «belief in the potential
of all children to excel academically» to «project
management» to «self - awareness.»
By placing the responsibility upon the
case management judge for explaining the process and otherwise advising the self - represented litigant on what to expect, the hearing
judge will be supported in balancing ``... the sometimes competing imperatives
of helping a litigant who is in need
of assistance while maintaining impartiality.»
The Blog
of the Legal Times» Marcia Coyle reports in this post that the Committee on Court Administration and
Case Management has endorsed a set
of model jury instructions for district
judges to help deter jurors from engaging in such mischief.
Professor Zuckerman, in a seminar at Manchester on 3 July 2009 said the Court
of Appeal should show «leadership» and «develop a coherent policy for enforcing compliance with rules and
case management directions by
judges and lawyers; non compliance, and dealing with it, being a waste
of the court's resources in a public service system».
The creation
of a new class - action division in the Montreal judicial district that will be devoted to hearing all authorization demands is expected to both speed up and improve the
management of cases by a select group
of judges who are experienced and interested in that area
of law.
The Appellant argued that the
case management judge should have lifted the stay with respect to these collective components
of the creditors» actions.
In this situation, both sides present their side
of the
case to a panel that's made up
of senior
management from each company in the lawsuit and either a retired attorney or
judge will advise to proceed.
[13] On the second issue, the
case management judge concluded that the issues would require a prolonged examination
of documents and a scientific examination within the meaning
of the sub-rule, but rejected the argument that the examination
of these documents and expert reports could not be made conveniently with a jury.
Wayne van der Meide, regional manager
of case management and litigation for Legal Aid Ontario told the National Post that his organization wants to encourage Ontario
judges to employ cultural assessments, allocating funds for test
cases.
But there's a big conference scheduled with the
case management judge and half the criminal bar, by the sound
of it.
A
case management judge set aside a half day for the hearing
of the mother's outstanding motions that included issues such as the transfer
of loyalty reward points, retroactive variation
of child support and support - related relief.
The Court
of Appeal has now condoned the robust approach taken by
judges in the exercise
of their
case management powers when facing applications for a relief from sanctions.
A
judge who's calling escalating prices on the court's time has given the parties in a bankruptcy proceeding just two weeks to file a joint litigation plan after he took over aggressive
management of the
case.
More critically, we submit that the doubling
of GC
judges is an unnecessary distraction from less visible and arguably more decisive issues such as
case management and productivity per personnel unit.
A saving
of # 500 in the hearing fee on claims in the plus # 15,000 to # 25,000 band; prospectively lower trial costs; a trial window within 30 weeks
of allocation; concurrent trial jurisdiction
of district
judges with circuit
judges; and probably a bias against a
case management conference.
• That the Minister
of Justice emphasize the need for
judges to improve
case management practices.
The trial court segment will begin on Monday, Dec. 1, with
Judge Gafni, joined by
Judge Shelton on Tuesday for a discussion
of the impact
of the Internet and other technology on the trial process including preparation, filing, discovery and
case management, trial testimony, documentary evidence and argument.
In addition, they suggest the court should assign a trial
judge to the
case at least 60 days in advance
of the first day
of trial who should then conduct a trial
management conference as soon as possible.
Other recommendations include allowing
judges and masters to assign matters to
case management of their own accord with counsel also able to request it unilaterally.
(Sources: Mary Jane Hatton and Joseph James,
Case Management in the Family Court: A Guide to Implementation, Office
of the Chief
Judge, Ontario Court (Provincial Division), May 1995; Patrick LeSage and Michael Code, Report
of the Review
of Large and Complex Criminal
Case Procedures, «Judicial
Case Management, Especially at the Pre-trial Stage,» November 2008; Margot Gibb - Clark, «Where judgment is swift,» The Globe and Mail, February 28, 1995, p. B16.)
[39] I acknowledge that Ms. Prakash's action is set for hearing in February and an order that the matters be heard together will necessitate an adjournment
of that trial; however, I am satisfied
of a high degree
of interconnectedness between the parties and that it is in the interests
of justice that the matters be heard together, or as directed following the
case planning process or by judicial
management, if a
judge is appointed to hear the matter.
Two
of the
judges who had worked on the pilot project to bring this project to fruition —
Judge Mary Jane Hatton and
Judge Joseph James — set to writing a guide book containing the principles and processes
of case management for use in all Family Courts in the province.
A retired Senior Justice
of the Appellate Division
of the New York Supreme Court and former Commercial Division Justice,
Judge Crane wrote a handbook on
Case Management for the Justices and practitioners in New York County Supreme Court while he was its Administrative
Judge.
This,
of course, would be dependent on the views
of a
judge at a
case planning conference or a judicial
management conference.
While the
case is persuasive only, the indication from a senior costs
judge is that a failure to meet the requirements
of the costs
management procedures is likely to lead to costs being irrevocable, even where they were reasonably incurred and proportionate to the matters in dispute.
Justice Brown noted that this procedure should be utilized on the Toronto Region Commercial List, given the availability
of the
case management mechanism available to those
judges.
In this
case, in the exercise
of his discretion, the learned chambers
judge, who was also the
case management judge, decided that the interests
of justice favoured disclosure and ordered that the clinics and doctors provide the representative plaintiff with the names and contact information
of those individuals who were injected with Dermalive, a cosmetic filler, which is alleged to have caused granuloma, a medical condition.
CONFERENCES (12) Subject to subrule (13), the Family
Case Manager may conduct a case conference, settlement conference or trial management conference instead of a judge under rule
Case Manager may conduct a
case conference, settlement conference or trial management conference instead of a judge under rule
case conference, settlement conference or trial
management conference instead
of a
judge under rule 17.
Professors John Peysner and Mary Seneviratne's study
of case management reported that some judges thought that it actually caused delay and that at least some solicitors could case manage more effectively than judges (The Management of Civil Cases: the Courts and the Post-Woolf L
management reported that some
judges thought that it actually caused delay and that at least some solicitors could
case manage more effectively than
judges (The
Management of Civil Cases: the Courts and the Post-Woolf L
Management of Civil
Cases: the Courts and the Post-Woolf Landscape).
It might be two months after the formal filing by Sanders before the Court
of Appeal's
case management Judge would hold a first discussion with Sanders» lawyers and the respondent Crown.
[137] In order to ensure the Court maintains control over the implementation
of the order, this action will proceed as a specially managed action and a
Case Management Judge will be appointed who will monitor, as necessary, the conduct
of Voltage in its dealings with the alleged infringers.
After that the court still has the power (and duty: FPR 2010 r 1.4 (2)(e)-RRB- to control the calling
of evidence by deciding whether or not to give permission; and in so doing the
case management judge must decide whether the evidence is «reasonably required» to resolve issues before the court (civil proceedings generally: CPR 1998 r 35.1), or in the
case of family proceedings whether it is «necessary to resolve the proceedings» (Children and Families Act 2014, s 13 (6)(children proceedings); FPR 2010 r 25.4 (3)(other family proceedings)-RRB-.
The
judged cited a number
of cases, including Love v. Acuity Investment
Management Inc. in which a 55 - year old senior vice president making $ 630,000 with 2.5 years
of service received five months notice at trial, and on appeal he received nine months.
The
case management judge failed to consider whether Mr. Pintea had actual knowledge
of two
of the three Orders upon which she based her decision.
The recommendations included procedures to facilitate more active
case management by
judges, including by the production early in the
case of lists
of issues designed in part to focus the parties» minds on what really matters and help the court better control disclosure and evidence.
The Committee on Court Administration and
Case Management «developed these instructions to address the increasing incidence
of juror use
of such devices as cellular telephones or computers to conduct research on the Internet or communicate with others about
cases,» wrote
Judge Julie Robinson, committee chair, in a memo to district
judges.
Jul 26 2016 A
case management conference, or CMC, is a meeting
of the
judge with the attorneys and parties to discuss the progress
of the
case, and is really just a tool to move a
case along.
two decisions handed down by the European Court
of Human Rights on the basis
of Article 6 § 1
of the European Convention on Human Rights in relation to the application
of the aforementioned Article
of the [French] Code
of Civil Procedure must lead the
Case Management Judge to perform a strict review of the relationship of proportionality between the purpose of the text and the potential deprivation of the right to access to the appellate judge that may result from such
Judge to perform a strict review
of the relationship
of proportionality between the purpose
of the text and the potential deprivation
of the right to access to the appellate
judge that may result from such
judge that may result from such text;
It is because
of the existence
of these two appellate proceedings that the
Case Management Judge dismissed the request for removal made by the opposing party, and explained that the removal from the list
of cases based on the aforementioned Article 526:
All litigators in the tribunals are advised to look at new guidance on general
case management from
Judge Latham, president
of employment tribunals.
The strengthening
of court control has led to a more disciplined approach by lawyers and clients to the instruction
of experts; the knowledge that the
case management judge might not permit expert evidence at all or might restrict it to a single joint expert, or limit the fees payable or recoverable, has reduced the use
of expert evidence to bolster
cases, and has possibly controlled expenditure on experts, at least in some
cases.
Providing that the
judge is scrupulous to avoid descent into the arena and any claim to control
of either side's
case, such
case management is desirable and necessary in pursuit
of the overriding objective set out in the Criminal Procedure Rules.
A lawyer who has made a
judge's life more difficult is unlikely to receive the benefit
of the doubt in future conflicts, even if those conflicts involve legitimate matters like scheduling or
case management.
If you don't have a
case management conference you may wish to raise it with the court staff and ask the
judge at the beginning
of the trial about presenting hearsay evidence.
For example
case management justices dismissing
cases in Alberta contrary to the rules
of court or single
judges sitting dismissing appeals at Court
of appeal (very prevalent in Alberta) and chambers
judges and masters acting like they are trial
judges (masters dismiss
cases and act outside
of the jurisdiction allowed by the QB Act)