Sentences with phrase «of summary judgment applications»

The current economic climate may result in an increase in the number of summary judgment applications as parties seek to dispose of cases quickly.

In deciding that wrongful dismissal damages were not an appropriate matter for summary judgment, the court's reasoning expressly went beyond the question of the jurisdiction of a Master under the Court of Queen's Bench Act, but rather was based upon «the purpose and nature of summary judgment applications, trials and summary trials» (at paragraph 31).

It must also consider whether the High Court judge was correct to conclude, for the purposes of the summary judgment application, that the appellant's claim of indirect discrimination contrary to ECHR, arts 6 and 14 had a real prospect of success.

It also considered whether the High Court judge was correct to conclude, for the purposes of the summary judgment application, that the appellant's claim of indirect discrimination contrary to ECHR, arts 6 and 14 had a real prospect of success.

For the purpose of a summary judgment application, it is conceded the Respondent failed to advise the Appellant of the problem, and the Chambers Judge assumes the rig became stuck because of the sulfamic acid in the mud.

Not exact matches

An Ontario Court of Appeal justice has warned against «summary judgment at all costs» in her dissent of a ruling on the application of the doctrine of emergency in a personal injury case.

There were three applications before the Court of Queen's Bench when Robertson heard the appeal this winter, all for summary judgment.

-- Hanco ATM Systems v. Cashbox ATM Systems [2007] EWHC 1599 (Ch): Led by Andrew Hochhauser Q.C. in relation to summary judgment application against senior employee for breach of fiduciary duty and dishonest assistance and involving issues as to the doctrine of «preparatory steps».

Procedural applications, including for interim payments, summary judgment / strike out, unless orders (see [2017] EWHC 1847 (Ch)-RRB-, security for costs, stay of proceedings, anti-suit injunctions (see [2015] 2 B.C.L.C. 560), and applications for the preservation of material and for specific and enhanced (Puruvian Guano) disclosure (see [2015] EWHC 3761 (Comm)-RRB-.

With the support of fellow BROKE members Dutton filed his mid-December application for a summary judgment to include dismissal of Kinder Morgan's damage claims and an «Order for special costs payable by the Plaintiff to the Defendant.»

Applications for summary judgment under CPR Pt 24 often involve points of construction.

The list of issues should be used by judges to actively promote a consideration of whether particular issues were appropriate for summary judgment or strike out applications.

PNC filed an opposition with the TTAB against Ashe's application, and Ashe and PNC filed cross-motions for summary judgment on the basis of priority.

Following the filing of a motion for summary judgment on numerous issues, including application of the policy's pollution exclusion in Connecticut, the plaintiff insured withdrew the action.

A summary judgment application was brought by Google in Trkulja v Google Inc & Anor (No 2)[2010] VSC 490 --(28 October 2010) after the plaintiff's fourth amendment to the pleadings, but the summary judgment was abandoned and the proceedings focused again on the sufficiency of the pleadings.

The issues in this application were whether the applicants were entitled to summary judgment on their harassment claim and whether the court should grant a permanent injunction pursuant to s. 3 (3) of the 1997 Protection Against Harassment Act.

The judge disposed of the application by refusing summary judgment and, without notice, effectively giving summary judgment to the defendant and throwing out the specific performance claim.

A fine balance It is accepted that there is always a balance to be struck on a summary judgment application between the risk of injustice to the claimant and the injustice of subjecting defendants to the time and costs of a claim that is fanciful in approach and amount.

Sophia Purkis sets out the test for a successful application, following the Ticketus ruling Summary judgment applications are an established tool to seek determination of suitable claims relatively quickly.

In response to the application, the defendant raised the issue of the Master's jurisdiction under s. 9 (3) of the Court of Queen's Bench Act, and the availability of summary judgment in the context of a wrongful dismissal case.

In hearing a summary judgment application, the court asks itself whether the claim / defence / counterclaim of the party seeking to resist a summary judgment application:..

Meanwhile, other Ontario judges were ruling on the application of the new summary judgment rule with diverging views over when and how it applies.

The company made an application for summary judgment, seeking to dismiss the claim at the outset or, in the alternative, to strike out portions of the claim.

Moreover, McDonald J.A. highlights the fact that, on review of the transcript before the Chambers Judge, the Respondent did not clearly and unequivocally advise the court at the outset of the application that he was seeking dismissal of the claim and not simply seeking dismissal of the application for summary judgment (see the exchange between Appellant's counsel and the Chambers Judge reproduced at para. 39).

Accordingly, the court concluded that there was no issue of fact related to the application of the assumption of risk defense and therefore affirmed the trial court's grant of summary judgment.

Successfully acting for liquidators in obtaining summary judgment in very substantial misfeasance proceedings, as well as orders on a committal application, against multiple respondents arising out of the collapse of a large retail company

We also recognized that procedural changes that have taken place over the last decade — for example, the change in the cost consequences of a failed application for summary judgment in Ontario following the Osborne Report — might also affect a ten - year review of SJPs.

Acted for the administrators of an estate in relation to a dispute concerning ownership of a company's shares, including defending a summary judgment application involving questions of res judicata from previous decisions in parallel foreign proceedings.

We began to wonder — was an application for summary judgment emerging as an intentional strategy used by represented parties against SRLs, labeling them as vexatious and appealing to the concerns of judicial officers about SRLs «jamming up» the courts?

In denying summary judgment to GE and granting summary judgment to Boston Edison, the Court found that: (1) while the construction work performed by GE met the definition of an improvement to real property for purposes of the statute of repose, public policy considerations necessitated an exception to the application of the statute in cases involving alleged asbestos - related disease; (2) the installation of asbestos insulation was not an abnormally dangerous activity; (3) Boston Edison did not exercise sufficient control over the work at issue to be held negligent; and (4) a premises owner, such as Boston Edison, has no duty to warn where the subcontractor has knowledge of the hazard which is equal to or greater than that of the premises owner.

The judgment of Mr Justice Dingemans in the case of R (on the application of Sunita Sisangia) v Director of Legal Aid Casework is here and a summary was posted by Doughty Street Chambers here.

Contempt of court proceedings for breach of anti-suit injunctions and application for summary judgment on the claim in the underlying English action.

Common types of interlocutory applications, such as summary judgment, applications to strike, substitutional service, and dismissal for long delay, are highlighted.

He is particularly experienced in cost effective ways of bringing cases to an end including strike out and summary judgment applications.

In a judgment handed down today, two former executive directors of Lloyds Bank have succeeded in their application for summary judgment for an award of shares.

Applications under CPR Pt 24 (summary judgment) often involves short points of construction of agreements.

The other cases mainly dealt with procedural issues (consolidation of applications under the Substitute Decisions Act, adjournments, summary judgment, and applications under Rule 14.05).

For the purposes of a strike out / summary judgment application it was assumed that these allegations were justified (para [40]-RRB-.

Our client, faced with a summary judgment application in a conspiracy case, asked us to conduct initial research on both the substantive law as well as the standards required by the courts, and provide a detailed analysis of the pleadings.

The chambers judge's assessment of the facts, the application of the law to those facts, and the ultimate determination of whether summary judgment is appropriate are entitled to deference: Hryniak v Mauldin, 2014 SCC 7 (CanLII), [2014] 1 SCR 87 at paras 81 - 84; Windsor v Canadian Pacific Railway Ltd, 2014 ABCA 108 (CanLII) at para 10, 371 DLR (4th) 339.

A chambers judge's assessment of the facts based on the record before the chambers judge, the application of the law to those facts and the ultimate determination of whether summary judgment is appropriate are all reviewed for palpable and overriding error: Amack v Wishewan, 2015 ABCA 147 (CanLII) at para 27, 602 AR 62.

Our client was swamped dealing with the legal and factual aspects of a complex summary judgment application.

The court has held that where a defendant serves a late acknowledgment of service, he may be entitled to an extension of time to serve the acknowledgment together with a period of time in which to consult with his recently appointed lawyer prior to putting in a response to a summary judgment application by the claimant.

Read in light of the fact that the test is equivalent to the CPR's summary judgment test shows that there is a high threshold to be applied to the evidence before the court in determining the application.

The judgment contains, by way of background, a helpful summary of the divorce procedure in England and Wales: «An application for divorce is made in the English court by an originating process called a petition.

After service of a Reply alleging malice, C issued an application for rulings on meaning and consequential orders for strike out / summary judgment on the justification defence.

The Trademark Office in this case stated that in order to raise a genuine issue of material fact as to its intent to use on a motion for summary judgment, an applicant must rely on specific facts that establish the «existence of an ability and willingness to use the mark in the United States to identify [the goods in the application] at the time of the filing of the application.»

Its application would gut the efficacy of summary judgment.

SUMMARY Under limited supervision, performs work involving the application of technical expertise and independent judgment to the preparation of specialized departmental documents, the use of...

SUMMARY OF QUALIFICATIONS More than twenty years functioning in positions demanding leadership, creativity, judgment, dedication, and organization including detailed working knowledge of all phases of the Software Development Life Cycle, with concentration on developing a wide range of software applicationOF QUALIFICATIONS More than twenty years functioning in positions demanding leadership, creativity, judgment, dedication, and organization including detailed working knowledge of all phases of the Software Development Life Cycle, with concentration on developing a wide range of software applicationof all phases of the Software Development Life Cycle, with concentration on developing a wide range of software applicationof the Software Development Life Cycle, with concentration on developing a wide range of software applicationof software applications.