Sentences with phrase «strike the pleadings of»

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

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.

Australian backrow Dean Mumm will miss his country's opening game of their European tour after pleading guilty to a charge of striking and being handed a one - week suspension.

Though not exactly a friend of progressives — this summer he'll be tried on felony and misdemeanor charges related to his handling of a fatal police shooting case (he has pleaded not guilty)-- he did strike a short - lived deal with Walmart last year stipulating that two of its stores would not contact law enforcement regarding shoplifting incidents unless the loss exceeded $ 100.

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.

The Federal Government on Tuesday pleaded with the non-Teaching Staff of the Nigerian Universities to suspend the three months strike they embarked upon since Dec. 10...

Gregg Allman is pleading with director Randall Miller to cease production of Midnight Rider, a biopic about the Allman Brothers Band leader's life, following the death of camera assistant Sarah Jones, who was struck by a train while filming a scene in February.

There strikes me as a fair bit of special pleading in your argument.

She pleaded guilty to third - degree insurance fraud along with the driver of the vehicle that struck the one she was riding in.

In Mostar Directional Technologies Inc. v Drill - Tek Corporation et al., 2017 FC 575, on a motion to strike brought by a defendant, the Prothonotary struck the pleading and dismissed the case on the basis the statement of claim pleaded no material facts... [more]

Recently in Wouters v Wouters (2018 ONCA 26), the Ontario Court of Appeal held that a motion judge improperly struck the factum and pleadings of a self - represented litigant (SRL).

Sanctions can include fines, payment of attorneys» fees, adverse inference instructions to the jury, evidentiary preclusion, striking a pleading or granting a default judgment against the spoliator.

The Judge noted that while he has jurisdiction to strike out a party's pleadings under Rule 14 (23) of the Family Law Rules, this would be inappropriate in the unusual circumstances of this case (since the matter would be going to 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.

The judge summarily struck out the defendant's pleaded abuse - of - process remedy, during the defendant's attempt to explain this remedy to the jury during opening statements.

The defendant applied to have aspects of the relief sought struck out on the ground that the claimant was not entitled to the breadth of injunctive and declaratory relief pleaded.

If the court orders a more definite statement and the order is not obeyed within 14 days after notice of the order or within the time the court sets, the court may strike the pleading or issue any other appropriate order.

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.

Also in the last couple of years, Justice Mosley, in NOV Downhole Eurasia Limited v. TLL Oil Field Consulting, 2014 FC 889, considered whether a pleading ought to be struck that referred to the file history to defend against infringement arguing that a feature added during prosecution and appearing in each of the claims did not exist in their device.

Along these lines, it is reasonable to suggest that the Court of Appeal's decision to state explicitly that which was not at issue before it, including «whether the pleading against the defendant Alberta could be struck as being frivolous or vexatious» (Ernst v. Alberta at para 9), reflects judicial scepticism.

Rennie J. found that the Commissioner's Notice of Application pled sufficient material facts to survive a motion to strike.

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.

Neither could the entire action be struck on the basis of collateral attack although Justice Simpson did order that the pleadings be amended so as to remove the attack on the validity of the permits.

It added the decision to strike pleadings is traditionally considered one of a last resort, to be used in a proportionate manner, and where there are no other remedies.

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 Superior Court of Justice granted the motion to strike portions of the Plaintiff's pleadings which allege intentional interference with economic relations, finding that there was no reasonable possibility of success based on the facts as pleaded.

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

The Appellant husband's pleadings had been struck during the lower court proceedings due to his failure to pay a costs order of $ 2000.

This was so because, leaving aside the issue of whether the husband's pleadings were appropriately struck, there was nothing to suggest that the outcome of the uncontested trial would have been different had the husband participated.

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.

Without (in my view) addressing the substance of those claims, Campbell Miller J. simply dismissed them (as, apparently, he had dismissed earlier attempts to strike portions of those pleadings) as unimportant to the substance of his own purpose as judge.

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.

It then worked its way up to the Supreme Court of Canada on a motion to strike pleadings.

The husband had brought a motion before the lower court to strike certain parts of the wife's pleading wherein she claimed an unequal division of net family property due to certain extra-marital activities on the husband's part.

The lower court granted the woman's motion to strike the man's pleadings on the basis that the Statement of Claim disclosed no cause of action.

In turn, the defendants filed an application seeking a stay of the Dixon action, or in the alternative, an order striking out the entirety of the plaintiffs» pleadings in the action.

As regards standing, the most striking aspect of the judgment is that the Court accepted the Frente's entitlement to plead as a «moral person», with the «necessary autonomy» to challenge a decision of the EU legislator (paras. 50 - 53), without reference to the sui generis character of Frente Polisario or to the unique situation of Western Sahara.

However, choosing between Rule 9 - 3 «special case», Rule 9 - 4 «proceedings on a point of law», Rule 9 - 5 «striking pleadings» or the summary judgment or summary trial process under Rules 9 - 6 and 9 - 7 respectively must be approached with care.

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).

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

Keywords: Torts, Crown Liability, Pleadings, Striking Claims, Proceedings Against the Crown Act, R.S.O. 1990, c. P. 27, s. 7 (1), Local Health System Integration Act, 2006, S.O. 2006, c. 4, s. 35.1, Canadian Charter of Rights and Freedoms

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.

On February 19th, the Ontario Superior Court of Justice declined to strike a pleading that alleged a company unlawfully interfered with a competitor's economic relations by receiving confidential information about a client (BC Cancer) that was sought after by both organizations.

Keywords: Torts, Conspiracy, Civil Procedure, Striking Pleadings, Limitation Periods, Discoverability, Limitations Act, 2002, s. 5 (2), Rules of Civil Procedure, r. 21.01

Keywords: Torts, Negligent Investigation, Duty of Care, Police, Wellington v. Ontario, 2011 ONCA 274, Hill v. Hamilton - Wentworth (Regional Municipality) Police Services Board, 2007 SCC 41, Civil Procedure, Striking Pleadings, No Reasonable Cause of Action, Rules of Civil Procedure, Rule 21

Keywords: Civil Procedure, Striking Pleadings, No Reasonable Cause of Action, Rules of Civil Procedure, Rule 2.1.01 (6), Appeal Dismissed

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.

Sunlea v Pollock [No 2][2015] WASC 102 Successful application to strike out the Claimant's pleadings that contained allegations of unlawful means conspiracy and dishonest assistance (second limb of Barnes v Addy).