Sentences with phrase «of a case management judge»

[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 ruleCase Manager may conduct a case conference, settlement conference or trial management conference instead of a judge under rulecase 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 Lmanagement 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 LManagement 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 § 1of 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)
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