Sentences with phrase «of partial summary judgment»

An award of partial summary judgment in these circumstances may lead to inconsistent results to the extent the misrepresentation claims were not barred due to a limitation period.

[26] The respondents reject these submissions, arguing that r. 20.05 (1) recognizes the utility of partial summary judgment.

[29] Fourth, the record available at the hearing of a partial summary judgment motion will likely not be as expansive as the record at trial therefore increasing the danger of inconsistent findings.

The Ontario Court of Appeal in Butera v. Chown, Cairns LLP, 2017 ONCA 783, recently overturned an award of partial summary judgment in a professional negligence action and provided guidance on the appropriate circumstances in which partial summary judgment motions should be brought.

Not exact matches

The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

Judge Elaine Slobod, of Orange County Supreme Court in upstate New York, granted partial summary judgment March 12 for Wah - chung Hsu, who once lived in the hamlet of Highland Mills, saying in court documents that Wyckoff was in breach of contract when it did not pay him severance after firing him.

The landlord moved for partial summary judgment on the rent that had already accrued and was undisputedly owing at the date of the motion... [more]

In Salvas v. Wal - Mart Stores, the SJC ruled that a trial court judge erred when he decertified the class action, excluded testimony from the plaintiffs» expert witness, and granted partial summary judgment in favor of Wal - Mart.

Such partial summary judgment may run the risk of duplicative proceedings or inconsistent findings of fact and therefore the use of the powers may not be in the interest of justice.

[1] The plaintiff in this case brought a motion for partial summary judgment alleging breach of the Copyright Act, R.S.C. 1985, c. C - 42.

In the recent Ontario Superior Court of Justice decision in 2147191 Ontario Inc. v. Springdale Pizza Depot Ltd., the plaintiffs brought a partial summary judgment motion seeking to rescind a franchise agreement under the Arthur Wishart Act (Franchise Disclosure), 2000 (the «Act»).

Successfully represented a public agency in a high - profile lawsuit filed by the agency's former executive director, including obtaining partial summary judgment on plaintiff's constitutional claim, which led to a favorable settlement after five days of federal trial.

The recent Ontario Superior Court of Justice decision in 2337310 Ontario Inc. v. 2264145 Ontario Inc., 2014 ONSC 4370, addressed a partial summary judgment motion brought by the franchisee of a cafe seeking a declaration that it was entitled to exercise its right of rescission under the Arthur Wishart Act (Franchise Disclosure), 2000 («the Act»).

Partial summary judgment approach: the parties return at the end of the notice period to determine the adequacy and success of a plaintiff's mitigation efforts

Heather Robertson sought partial summary judgment and an injunction restraining the use of her works in the databases, seeking judgment for herself and S, an employee of The Globe and Mail.

Won partial summary judgment against an architect / engineer in the U.S. District Court for the Eastern District of Virginia on a $ 185 million condominium project leading to a multi-million dollar settlement.

The Motion Judge issues one set of reasons and one order disposing of both a motion seeking certification of a class and a motion for partial summary judgment against Dr. James.

(Georgia filed only a partial motion for summary judgment because the most recent version of the code has yet to be registered.)

[1] The plaintiff moves under Rule 20 for partial summary judgment striking out paragraph 7 of the defendant's amended statement of defence.

The state of Georgia's motion for partial summary judgment addresses Public Resource's contention that its publication of the OCGA is fair use under copyright law.

Obtained partial summary judgment and entry of permanent injunction in this Lanham Act false advertising case.

Acting for a wide variety of contracting authorities and utilities, as well as bidder clients on procurement challenges and achieving successful outcomes, by way of negotiation, strike out / summary judgment and swift partial re-run (most recently Cemex UK Operations Limited v Network Rail Infrastructure Limited (2017)-RRB-

The franchise filed a motion for partial summary judgment, arguing that since it had already conceded the driver was acting in the course and scope of employment, the chain could only be held vicariously liable under the doctrine of respondeat superior.

Similarly, Cecil et al. found that defendants moving for summary judgment were awarded summary judgment in full 64 % of the time, whereas plaintiffs moving for summary judgment were awarded summary judgment in full only 39 % of the time.90 In a subsequent study of all federal district court summary judgment activity in 2006, Cecil and Cort found that moving parties succeeded more often (57 %) than non-moving parties (43 %), as was the case for moving parties in federal court in our sample (73 % to 27 %).91 Although success rates in our sample were higher than success rates in the Cecil study and the Cecil and Cort study, a higher success rate is expected given that we excluded motions seeking partial summary judgment from our sample.

Cummins — Allison Corp. v. Glory, Ltd. 2005 WL 711991 (N.D. Ill.)- Represented defendant in winning motion for partial summary judgment of non — infringement.

Design patent remedies, injunctive relief, partial summary judgment over invalidated patents, the royalty base (a context in which I hope Apple will defeat Ericsson because it will discourage outsized royalty claims over standard - essential patents), and possibly some procedural issues concerning the interplay of infringement cases and FRAND contract cases in different venues.

The Partial Summary Judgment Approach — The employee is granted a partial summary judgment and the parties return to court during and or at the end of the notice period for further payments subject to the duty to miPartial Summary Judgment Approach — The employee is granted a partial summary judgment and the parties return to court during and or at the end of the notice period for further payments subject to the duty to miSummary Judgment Approach — The employee is granted a partial summary judgment and the parties return to court during and or at the end of the notice period for further payments subject to the duty to mipartial summary judgment and the parties return to court during and or at the end of the notice period for further payments subject to the duty to misummary judgment and the parties return to court during and or at the end of the notice period for further payments subject to the duty to mitigate.

Apart from a small correction to the partial summary judgment, the Court of Appeal finds no basis to interfere with the Motion Judge's decision.

On April 18, 2013, the respondents obtained partial summary judgment for possession of the mortgaged premises.

[25] Hryniak does not address partial summary judgment per se except in the context of exercising the enhanced fact - finding powers contained in r. 20.04 (2.1).

[28] Third, judges, who already face a significant responsibility addressing the increase in summary judgment motions that have flowed since Hryniak, are required to spend time hearing partial summary judgment motions and writing comprehensive reasons on an issue that does not dispose of the action.

[23] When bringing a motion for partial summary judgment, the moving party should consider these factors in assessing whether the motion is advisable in the context of the litigation as a whole.

Typically, an action does not progress in the face of a motion for partial summary judgment.

On the other hand, had the litigation as a whole been considered, partial summary judgment would not have been an appropriate award as it would not serve the objectives of proportionality, efficiency, and cost effectiveness.

[23] Since Hryniak, this court has considered partial summary judgment in Baywood Homes Partnership v. Haditaghi, 2014 ONCA 450 (CanLII), 120 O.R. (3d) 438 and in Canadian Imperial Bank of Commerce v. Deloitte & Touche, 2016 ONCA 922 (CanLII), 133 O.R. (3d) 561.

Such partial summary judgment runs the risk of duplicative proceedings or inconsistent facts.

[25] Turning then to the substance of the second ground of appeal, the appellants submit that granting partial summary judgment on the misrepresentation issue provides minimal, if any, efficiency as the action is proceeding to trial on the negligence, breach of contract, and Arthur Wishart Act claims.

Partial summary judgment ought only to be granted in the clearest of cases where the issue on which judgment is sought is clearly severable from the balance of the case.

In addition to the danger of duplicative or inconsistent findings considered in Baywood and CIBC, partial summary judgment raises further problems that are anathema to the stated objectives underlying Hryniak.

The court also granted the joint motion for partial summary judgment as to the count for partial disclosure and use of the proprietary formula.

[39] I also accept that Siskinds» approach of requesting the Court to consider granting partial summary judgment was appropriate in the circumstances of this case because the issue of liability turned on a quite discrete issue of contractual interpretation.

The case management judge granted partial summary judgment against Canada related to a breach of Article 12.7.6 of the Agreement regarding the implementation of an informational monitoring plan.

However, while writing his reasons, the motion judge decided to resolve the motions on a fifth basis: he would grant a notional cross-motion by the respondents for partial summary judgment of their claim for breach of fiduciary duty and order a trial or additional summary judgment motions to prove victimization, harm and causation of harm, and to quantify the individual respondents» damages, if any.

The Supreme Court of Canada has recently promoted better access to justice through summary judgment, partial summary judgment, and summary trials.

However, his fifth alternative of devising a notional cross-motion for partial summary judgment by the respondents for their claim of breach of fiduciary duty, which was never raised with the parties, amounted to a denial of procedural fairness.

The court granted partial summary judgment as it found that the compilation in question had the requisite level of originality to provide copyright protection.

Old Oak Realty v. Polimeni (232 A.D. 2d 536)- denial of motion for partial summary judgment dismissing broker's claims to a brokerage commission reversed; there is a notation precluding broker's claim for balance of commission due where broker's president accepted the tender of a check and note for less than the full brokerage fee and endorsed the note as «paid in full».

(286 A.D. 2d 572)- broker granted partial summary judgment for payment of commission as a finder; record lacks any evidence that broker performed any services that could give rise to any fiduciary duties owed; party's agreement clear that once broker introduced the principals, broker's services were no longer needed; purchase and sale contract expressly states that seller agreed to pay broker pursuant to a separate agreement, such admission entitles broker to summary judgment as to liability for payment; matter remanded for determination of compensation agreed upon