Sentences with phrase «partial summary judgment in»

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.

[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.

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.

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.

Not exact matches

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.

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»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»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»).

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.

Obtained partial summary judgment for insurance client in unfair and deceptive trade practice / bad faith lawsuit.

Summary judgment (or partial summary judgment) remains available to determine whether cause exists, if there is no conflict in the evSummary judgment (or partial summary judgment) remains available to determine whether cause exists, if there is no conflict in the evsummary judgment) remains available to determine whether cause exists, if there is no conflict in the evidence.

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

In the Cecil and Cort studies, unsuccessful motions for partial summary judgment appear in the «deny» outcome, thus depressing success rates in comparison to our samplIn the Cecil and Cort studies, unsuccessful motions for partial summary judgment appear in the «deny» outcome, thus depressing success rates in comparison to our samplin the «deny» outcome, thus depressing success rates in comparison to our samplin comparison to our sample.

As an interesting addition, on June 29, 2015, Justice Perell in his reasons for decision in Paquette v TeraGo Networks Inc., 2015 ONSC 4189 (CanLII),, described the partial summary judgment approach employed in Markoulakis v SNC - Lavalin Inc., 2015 ONSC 1081 as «cynical, patronizing, unfair, impractical, and expensive.»

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 samplin 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 samplin 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 samplIn 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 samplin 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 samplin 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 samplin 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 samplin 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 samplin 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.

In some cases, partial summary judgment was given were, as here, the notice period was found to be substantial (for example, Markoulakis v. SNC - Lavalin Inc. 2015 ONSC 1081 (CanLII); Russo v. Kerr Bros..

In response the uninfected representative plaintiffs sought partial summary judgment to establish that the damage they claimed was compensable in laIn response the uninfected representative plaintiffs sought partial summary judgment to establish that the damage they claimed was compensable in lain law.

Pursuant to Smiechowski v. Preece, 2015 ABCA 105 (CanLII), a Master in Chambers grants partial summary judgment; dismisses the landlord's claim for unpaid rent.

Justice Perell held that it was an appropriate case to grant partial summary judgment and ruled in the landlord's favour.

[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.

In addition, to the extent the motion judge considers it advisable, if the motion for summary judgment is not granted but is successful in part, partial summary judgment may be ordered in that contexIn addition, to the extent the motion judge considers it advisable, if the motion for summary judgment is not granted but is successful in part, partial summary judgment may be ordered in that contexin part, partial summary judgment may be ordered in that contexin that context.

In both cases, the court held that partial summary judgment was inadvisable in the circumstanceIn both cases, the court held that partial summary judgment was inadvisable in the circumstancein the circumstances.

A motion for partial summary judgment should be considered to be a rare procedure that is reserved for an issue or issues that may be readily bifurcated from those in the main action and that may be dealt with expeditiously and in a cost effective manner.

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

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 HryniaIn 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 Hryniain Baywood and CIBC, partial summary judgment raises further problems that are anathema to the stated objectives underlying Hryniak.

[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 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».

¶ 44 We reach the same conclusion for Buyer's remaining negligence allegations against Paramount, which we note for the record, were not specifically addressed in Buyer's motion for partial summary judgment.