Sentences with phrase «partial summary judgment on»

The trial court denied Buyer's motion for partial summary judgment on Paramount's liability for professional negligence.7

[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.

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

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;

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.

How often does the judge grant partial or complete dismissals or summary judgments early - on?

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.»

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-

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

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.

[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.

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

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.

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.

[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.

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.