Sentences with phrase «strike pleadings for»

A motion to strike the pleadings for being frivolous or vexatious and for disclosing no cause of action.

-- Machanda v. Thethi is a good precedent if you want to strike pleadings for non-compliance with a disclosure order.

The appellant husband appealed the order of the motion judge striking his pleadings for failure to comply with court orders and allowing the wife to amend her application.

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;

The striking biblical passage that concludes the page devoted to St. Fidelis in The One - Year Book of Saints is Luke 22: 31 — 32: «Simon, Simon, Satan has asked to have you, to sift you like wheat, but I have pleaded in prayer for you that your faith should not completely fail.

The court expressed surprise that the three couldn't «notice» the clear and adequate particulars the Plaintiff is pleading for including the reliefs sought before filing this motion to ask the court to strike out the case for allegedly not disclosing a cause of action.

Duty Room Handles various matters including motions for default judgment, decisions concerning applications for warrants to search, applications by the Clerk to strike improper or incomplete pleadings, motions to dismiss filed by the prosecutor pursuant to Criminal Rule 48, cognovit notes, motions to excuse jurors, probable cause hearings, and performing civil wedding ceremonies.

The SRL was blamed for significantly delaying the proceedings and the judge described this as an «exceptional case» [para 29] that required the SRL's pleadings to be struck.

On November 22, 2016, the Respondent wife (who was represented by counsel) brought a motion seeking to strike the SRL husband's pleadings for failure to provide financial disclosure.

The plaintiffs lawyers obtained a ruling for sanctions for discovery abuse; the court was ready to strike DuPont's pleadings and encouraged the company to settle the case.

Our Surrey Separation Agreement Lawyers recently obtained special costs from a non-disclosing party for a Bc Supreme Court action and our Surrey separation agreement lawyers also had the opposing party's pleadings struck for failure to obey court orders and and further orders limiting their participation at trial.

Finally, LawPRO successfully argued for the striking out of a pleading on the basis that it disclosed no cause of action against a litigation lawyer.

Those pleadings that contain no cause of action known at law, and those for which there is no basis in the context of the Plaintiff's circumstances, must be struck out without leave to amend.

So the legal question for the court was this: If the wife was not in a position to enforce the costs order in her favour, did this still mean the husband's pleadings could be struck out for non-payment?

The lawyers for Cassels Brock and Hamilton had argued the court should strike out this claim at the pleadings stage because Crown privilege prevents the court from inquiring into any aspect of Harper's decisions, including any contribution to them by the Hamilton and Cassels Brock.

The Court of Appeal recently overturned a motion judge's ruling to strike a claim for defamation for not pleading the requisite material facts.

InEustace, the ONCA confirmed that judges can not strike pleadings of their own initiative, absent a motion by one party for such relief.

I do not agree with this point about the procedural importance of pleadings, not least because I have frequently seen self - represented taxpayers have pleadings struck for inadequacies of this nature, and what is sauce for the self - represented goose is surely even more appropriate to the well - resourced, taxpayer - funded gander.

Instead, the court pointed out that if the father was refusing to sign the Parenting Coordination Agreement then this amounted to a straightforward breach of a prior court order, for which the mother had other established procedural remedies at her disposal, including bring a motion to strike the father's pleadings entirely.

In Roberts, the appellant husband's pleadings were struck by the motions judge for failure to comply with orders requiring him to disclose financial information.

The order also provided that failure to answer all of the requests for disclosure by the deadline would entitle the wife to renew her motion to strike the husband's pleadings.

The Court of Appeal held that the chambers judge conflated the standard of review for striking a claim on a pleadings motion (plain and obvious) with the test for determining whether a duty of care exists (the Cooper analysis).

In the pleadings motion leading to the first appeal, the respondents on the motion successfully moved to strike all her claims against individual faculty members and against the University of Western Ontario («UWO»), for intimidation.

The Public Guardian and Tristee for BC v Johnston 2016 BCSC 1388 discusses the requirements of proper pleadings and when the Court may intervene to strike out, stay the proceedings, or amend the pleadings of a party.

Schroud moved to strike the affirmative defense and for entry of judgment on the pleadings on the ground Argiris failed to contest the award within the statutory 90 - day period.