While placing some emphasis on the question of class counsel fee arrangements, the Court ultimately deferred to the discretionary decision
of the motion judge in his evaluation of the claims being advanced by the class counsel, and their respective degrees of preparation.
In allowing the appeal and setting aside the order
of the motions judge, a unanimous Court of Appeal panel accepted the appellant's argument that Rule 15.02 (4), a rule designed to terminate proceedings where a named plaintiff has not authorized commencement, had no application.
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.
Ms. Wood appealed the decision
of the motion judge to the Court of Appeal, which considered the following issues:
In the recent decision of Covenoho v. Pendylum Ltd., the Ontario Court of Appeal awarded a former employee of Pendylum 40 weeks» pay ($ 56,000.00), overturning the ruling
of the Motion Judge at summary judgment.
The appellant husband appealed the order
of the motion judge striking his pleadings for failure to comply with court orders and allowing the wife to amend her application.
The sons» cross-appeal was also dismissed, with the ONCA finding that the motion judge's order effectively granted the relief they sought, even if the exact language
of the motion judge's order was not precisely the declaratory language sought by the sons.
As for the second branch, Justice Harvison Young was not satisfied that the correctness
of the motions judge's decision is open to «very serious debate».
In light of those findings the Court of Appeal found that it had «no alternative but to grant the appeal and set aside the declaration
of the motion judge that the appellant is liable to the respondent.»
In an unusual case, the Court of Appeal has granted the Appeal brought by the Defendants due to the fact that the inadequacy of the endorsement
of the motion judge rendered the Court of Appeal unable to «conduct a meaningful review of his decision.»
The Honorable Phyllis A. Kravitch, a senior US circuit judge, speaks to the amount of reading the job requires: «I don't think the average lawyer quite realizes the number of cases that we have, the number
of motions judges have....
«This language simply obliges the parties to follow the OCL's direction in the event of any disagreement about the terms
of the motions judge's interim order.»
In confirming the decision
of the Motions Judge, the Court of Appeal described the test from Sagaz as a dual inquiry as to whether the new evidence, if presented at trial, would probably have changed the result, and whether the evidence could have been obtained before trial by the exercise of reasonable diligence.
The Court held that the failure on the part
of the motion judge to recognize the date on which the limitation period commenced is an error in law.
Turning to the decision
of the motion judge on appeal, the Court began by setting out the four elements of the tort of civil fraud (discussed in greater detail in our article on Bruno Appliance and Furniture).
See All in Good Time: No Time Limit on Appraisals Under the Insurance Act for a summary
of the motion judge's findings.
The Court of Appeal for Ontario reversed the decision
of the motion judge and granted summary judgment for rescission in favour of the franchisee purchaser, Mendoza, based on the disclosure deficiencies in AGR's disclosure document.
The Court of Appeal decision was a sharp rebuke of the decision
of the motion judge, Dunphy J., who the Court found to have repeatedly misapplied the test under rule 21, and to have embarked on a flawed approach (at paras 47 - 49):
Pellew is yet another example of an unsuccessful bias appeal, while Hersey deals with the sufficiency
of a motion judge's reasons.
In Balice v. Serkeyn, the ONCA, perhaps surprisingly, allowed an appeal
of a motion judge's contempt remedy.
In Children's Aid Society of Ottawa v. A.V., the ONCA approved
of the motion judge's decision to hear a child protection hearing and a domestic custody hearing simultaneously.
Notably, the ONCA approved
of the motion judge's decision to hear both matters at the same time, pointing to Rules 2 (5)(d) and 12 (5) which «impose a duty on the court to deal with cases justly by controlling the process of the case and by dealing with as many aspects of the case as possible on the same occasion.»
As such, the Court of Appeal found the balance of the claim as against Royal Victoria Regional Health Centre should not have been dismissed and amended paragraph two
of the Motion Judge's decision.
The Court of Appeal overturned the decision
of the motion judge.
These variations are consistent with the spirit of the order
of the motion judge, and protective of the legitimate interests of the parties.
In doing so, the Court overturned the decisions
of the motion judge and the...
The decision
of the motion judge and the reasons of the majority inject a degree of uncertainty into the law.
The decision
of the motion judge is set aside.
The court stated that the decision
of the motion judge to grant summary judgment was undermined by his misinterpretation of the Limitations Act, 2002, s. 18.
This error qualifies as an overriding error because it permeates the balance
of the motion judge's analysis.
The refusal to transfer the proceedings was based on a proper exercise
of the motion judge's discretion after he considered the balance of convenience to the parties.
Not exact matches
On Oct. 23,
Judge Nance allowed attorneys to question him regarding the impact
of Trump's statements, and he ultimately delayed the sentencing until Oct. 25 so he could thoroughly consider the defense
motion, the Associated Press reports.
A lawyer for the president, Joanna Hendon, on Sunday filed a
motion asking the
judge to grant the president the privilege
of reviewing the documents first.
Trump's lawyers had filed a
motion to prevent her from testifying, according to court documents reviewed by Fortune, but the district
judge, Katherine B. Forrest
of the Southern District
of New York, denied the
motion.
The DOJ filed a
motion on Friday seeking to compel Apple (aapl) to comply with a
judge's order to unlock the encrypted iPhone belonging to one
of the San Bernardino shooters, portraying the tech giant's refusal as a «marketing strategy.»
Lawyers for Ailes and Carlson appeared in court in New Jersey as a federal
judge sought to plot the course
of the lawsuit in the wake
of «rapid fire»
motions from the parties, include Carlson's
motion to block Ailes» attorneys» request for arbitration.
Parties going to trial file
motions in limine to exclude certain types
of evidence from trial and this is what they did here and the
judge decided that those particular pieces
of information are not relevant to this case.
Last week, AARP filed an appeal
of the Fifth Circuit ruling, while New York, Oregon and California filed a
motion asking the court for permission to rehear the case in front
of the full panel
of judges — known as an en banc review.
The US agency filed a new
motion earlier this month, and in a ruling this week, the
judge sided with the IRS and decided that Coinbase would have to hand over the personal details
of all US citizens with a Coinbase account who bought, sold, sent, or received more than $ 20,000 worth
of Bitcoin in a single year during January 1, 2013, and December 31, 2015.
The slow -
motion train wreck began with an obscure Tax Court
of Canada ruling in 2003, in which the
judge sided with insurer State Farm against the Canada Revenue Agency.
Lefcourt said that the way the
judge who handles Shkreli's criminal case views his public conduct could affect the
judge's decision on pretrial
motions and arguments, which in turn can affect Shkreli's chances
of beating the charges.
In rendering her decision, District
Judge Barbara M.G. Lynn stated that the Coalition's
motion should be granted because its proposed brief «provides a unique perspective» as the only filing party «representative
of financial professionals in the United States already operating under a fiduciary standard.»
A
judge denied Gawker's
motion for a new trial and a reduction
of the $ 140 million privacy invasion judgment awarded to wrestler Hulk Hogan in March.
U.S. District
Judge Barbara M.G. Lynn stated the Coalition's
motion should be granted because its proposed brief «provides a unique perspective» as the only filing party «representative
of financial professionals in the United States already operating under a fiduciary standard.»
On December 4,
Judge Brian M. Cogan denied the government's
motion to dismiss the case, saying the government's promise
of changes to how it will implement the law were not enough to merit dismissal.
Hence the succession is confused with spatial order; the duration
of concomitant
motions is
judged erroneously from the distance covered by the moving bodies without taking into account the differences in speed; and the relation
of simultaneity is not disentangled from spatial coincidence.
But according to the
motion filed Friday, the appellate court ignored the words
of Cook County Circuit
Judge Dorothy Kinnaird, who said the state had «virtually no chance
of success» in its lawsuit.
Your spouse can make getting a divorce more difficult, prolonging the process, in a number
of ways (avoiding service, sending you on wild goose chases for documents and old bank account statements, etc. filing
motions that are essentially harassment, etc.), but no Nevada
judge is going to force you to stay married to him or her.
CHICAGO — A Cook County
judge is expected to rule late next week on a
motion to throw out a lawsuit challenging the legality
of Mayor Richard Daley's decision to close Meigs Field during the middle
of the night in late March.
In a statement personally signed by the presiding
judge, Justice A. M. Liman, the court granted a restraining order on any member
of the National Working Committee
of the PDP who was removed from office by the Party's National Convention in Port Harcourt from receiving nominations and or submitting names to the Independent National Electoral Commission (INEC) as officers or candidates
of the PDP in whatever capacity pending the hearing and determination
of the
Motion on Notice brought by the Party.