Sentences with phrase «on a summary judgment motion»

Imagine if you could predict how a particular judge might rule on your summary judgment motion.

During that time, I have watched more than 50 oral arguments on summary judgment motions.

This case was initially dismissed on a summary judgment motion.

In ruling on a summary judgment motion in the 2006 bankruptcy court decision of In re Robinson, 346 B.R. 172 (Bankr.

He has successfully defeated class certification motions and prevailed on summary judgment motions in class actions.

A couple of weeks ago, the Ontario Reports published Justice Grace's decision on a summary judgment motion in a negligence action against police in Roe v. Leone et al., 2012 ONSC 6237, to little fanfare.

Years of litigation, an unpaid loan and fraud on the court all added up to more than $ 11 million awarded by a Gloucester County Circuit judge on a summary judgment motion.

However, this principal may now be undermined given Ontario Court of Appeal's recent decision in an appeal on a summary judgment motion in Michela v. St. Thomas of Villanova Catholic School, where Justice Huscroft explicitly rejected Bohemier as it was applied in Gristey,

In addition, the Court confirmed that a bonus entitlement claim can be decided on a summary judgment motion.

Acting on behalf of the defendant by counterclaim's subrogating insurance company, Justin Anisman sucesfully dismissed the Allianze's counterclaim on summary judgment motion.

[57] On a summary judgment motion, the evidence need not be equivalent to that at trial, but must be such that the judge is confident that she can fairly resolve the dispute...

The limitation period starts to run when the plaintiff has knowledge of a wrong and the facts that would constitute a cause of action, the Ontario Court of Appeal reaffirmed in upholding the dismissal of a dealer client's claim on a summary judgment motion for falling outside the limitation period.

«Who knew the court would actually want a brief on the summary judgment motion?»

Despite the parties having agreed to this formulation, when the Motion Judge released reasons on the summary judgment motion, he replaced it with the following:

«These issues can not be determined on a summary judgment motion.

He allowed Mr. Sharqui, however, to make submissions on the summary judgment motion.

The purpose of the new power to call oral evidence on a summary judgment motion is to assist the motions judge in making the determination as to whether any of the issues raised in the action require a trial for their fair resolution.

The first medical records class action is Hopkins v. Kay, which was successful on a summary judgment motion earlier this year, where Justice Edwards stated,

A pretrial version of hot tubbing has been added to the Ontario Rules: without prejudice meetings between opposing experts are now among the directions a judge can give where a trial is ordered on a summary judgment motion (Rule 20.05 (2)(k)-RRB-.

After considering the voluminous material filed on the summary judgment motions, he concluded the case could fairly and properly be decided on the basis of a trial focussed on the specific issues that required viva voce evidence.

This last decision involved defendant in an indemnity action prevailing on a summary judgment motion.

An example from outside of the criminal law is the recent five panel Ontario appeal decision on summary judgment motions.

On a summary judgment motion, «the evidence need not be equivalent to that at trial, but must be such that the judge is confident that she can fairly resolve the dispute.»

«It goes without saying that certification has nothing to do with the merits of the claims that have been made, Deloitte may well prevail when all of the evidence is presented and assessed at trial or on a summary judgment motion,» he wrote.