Sentences with phrase «partial summary judgment»

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

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

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.

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

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

[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.

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.

The provision for a presumptive cost award for an unsuccessful summary judgment motion that existed under the former summary judgment rule has been repealed, thereby removing a disincentive for bringing partial summary judgment motions.

[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).

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

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

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

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.

Baywood was decided in the context of a motion for summary judgment on all claims, but where only partial summary judgment was granted.

[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.

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.

[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.

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.

[26] The pre-Hryniak appellate jurisprudence on partial summary judgment limited its availability.

[24] Lastly, I would observe the obvious, namely, that a motion for partial summary judgment differs from a motion for summary judgment.

Here the motion judge made an extricable error in principle in failing to consider whether partial summary judgment was appropriate in the context of the litigation as a whole.

The misrepresentation claims are largely intertwined with these other claims and partial summary judgment risks inconsistent results.

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.

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 decision also grants partial summary judgment dismissing the Appellant's action against Victoria Regional Health Centre with respect to certain events described in the statement of claim.

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]

[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.

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.

After filing the second case, the family asked the court to grant a motion for partial summary judgment against State Farm.

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.

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.

A federal judge from the Eastern District of Louisiana has granted partial summary judgment to Arena Football One (AFO) in a case in which it was sued by a player, who suffered multiple concussions while playing in the league.

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»).

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»).

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.

[3] The question on these motions for partial summary judgment is whether the applicable contractual language allowing GMCL to do so was sufficiently clear and unambiguous.

Introduction In an earlier edition of Deadbeat, [1] I wrote a case comment on the decision of Greer J. granting partial summary judgment in the Estate of Paul Penna.

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.