Sentences with phrase «summary judgment application in»

Our client, faced with a summary judgment application in a conspiracy case, asked us to conduct initial research on both the substantive law as well as the standards required by the courts, and provide a detailed analysis of the pleadings.

The difference between such an application and an injunction application, however, is that a summary judgment application in most cases centres on a written agreement between the parties.

Not exact matches

An Ontario Court of Appeal justice has warned against «summary judgment at all costs» in her dissent of a ruling on the application of the doctrine of emergency in a personal injury case.

-- Hanco ATM Systems v. Cashbox ATM Systems [2007] EWHC 1599 (Ch): Led by Andrew Hochhauser Q.C. in relation to summary judgment application against senior employee for breach of fiduciary duty and dishonest assistance and involving issues as to the doctrine of «preparatory steps».

Albers v. Woolworth Canada Inc., 1999 CarswellAlta 856 Acting for the plaintiff in this action for damages for personal injury sustained in a fall on the sidewalk adjacent to the defendants» property, I was successful in having an application for summary judgment against the plaintiff dismissed.

Following the filing of a motion for summary judgment on numerous issues, including application of the policy's pollution exclusion in Connecticut, the plaintiff insured withdrew the action.

In addition to acting in trials and arbitrations (both led and unled), Tom has considerable experience in interlocutory matters (including freezing injunctions, specific disclosure, summary judgment and security for costs applications), arbitration enforcement claims and appealIn addition to acting in trials and arbitrations (both led and unled), Tom has considerable experience in interlocutory matters (including freezing injunctions, specific disclosure, summary judgment and security for costs applications), arbitration enforcement claims and appealin trials and arbitrations (both led and unled), Tom has considerable experience in interlocutory matters (including freezing injunctions, specific disclosure, summary judgment and security for costs applications), arbitration enforcement claims and appealin interlocutory matters (including freezing injunctions, specific disclosure, summary judgment and security for costs applications), arbitration enforcement claims and appeals.

A summary judgment application was brought by Google in Trkulja v Google Inc & Anor (No 2)[2010] VSC 490 --(28 October 2010) after the plaintiff's fourth amendment to the pleadings, but the summary judgment was abandoned and the proceedings focused again on the sufficiency of the pleadings.

The issues in this application were whether the applicants were entitled to summary judgment on their harassment claim and whether the court should grant a permanent injunction pursuant to s. 3 (3) of the 1997 Protection Against Harassment Act.

A fine balance It is accepted that there is always a balance to be struck on a summary judgment application between the risk of injustice to the claimant and the injustice of subjecting defendants to the time and costs of a claim that is fanciful in approach and amount.

In response to the application, the defendant raised the issue of the Master's jurisdiction under s. 9 (3) of the Court of Queen's Bench Act, and the availability of summary judgment in the context of a wrongful dismissal casIn response to the application, the defendant raised the issue of the Master's jurisdiction under s. 9 (3) of the Court of Queen's Bench Act, and the availability of summary judgment in the context of a wrongful dismissal casin the context of a wrongful dismissal case.

In deciding that wrongful dismissal damages were not an appropriate matter for summary judgment, the court's reasoning expressly went beyond the question of the jurisdiction of a Master under the Court of Queen's Bench Act, but rather was based upon «the purpose and nature of summary judgment applications, trials and summary trials» (at paragraph 31).

In summary, the judgment upholds a Tribunal decision that an application to amend does not engage the early conciliation (EC) provisions but just the usual Selkent principles.

In hearing a summary judgment application, the court asks itself whether the claim / defence / counterclaim of the party seeking to resist a summary judgment application:..

The current economic climate may result in an increase in the number of summary judgment applications as parties seek to dispose of cases quickly.

The company made an application for summary judgment, seeking to dismiss the claim at the outset or, in the alternative, to strike out portions of the claim.

Successfully acting for liquidators in obtaining summary judgment in very substantial misfeasance proceedings, as well as orders on a committal application, against multiple respondents arising out of the collapse of a large retail company

We also recognized that procedural changes that have taken place over the last decade — for example, the change in the cost consequences of a failed application for summary judgment in Ontario following the Osborne Report — might also affect a ten - year review of SJPs.

Acted for the administrators of an estate in relation to a dispute concerning ownership of a company's shares, including defending a summary judgment application involving questions of res judicata from previous decisions in parallel foreign proceedings.

In denying summary judgment to GE and granting summary judgment to Boston Edison, the Court found that: (1) while the construction work performed by GE met the definition of an improvement to real property for purposes of the statute of repose, public policy considerations necessitated an exception to the application of the statute in cases involving alleged asbestos - related disease; (2) the installation of asbestos insulation was not an abnormally dangerous activity; (3) Boston Edison did not exercise sufficient control over the work at issue to be held negligent; and (4) a premises owner, such as Boston Edison, has no duty to warn where the subcontractor has knowledge of the hazard which is equal to or greater than that of the premises owneIn denying summary judgment to GE and granting summary judgment to Boston Edison, the Court found that: (1) while the construction work performed by GE met the definition of an improvement to real property for purposes of the statute of repose, public policy considerations necessitated an exception to the application of the statute in cases involving alleged asbestos - related disease; (2) the installation of asbestos insulation was not an abnormally dangerous activity; (3) Boston Edison did not exercise sufficient control over the work at issue to be held negligent; and (4) a premises owner, such as Boston Edison, has no duty to warn where the subcontractor has knowledge of the hazard which is equal to or greater than that of the premises ownein cases involving alleged asbestos - related disease; (2) the installation of asbestos insulation was not an abnormally dangerous activity; (3) Boston Edison did not exercise sufficient control over the work at issue to be held negligent; and (4) a premises owner, such as Boston Edison, has no duty to warn where the subcontractor has knowledge of the hazard which is equal to or greater than that of the premises owner.

The judgment of Mr Justice Dingemans in the case of R (on the application of Sunita Sisangia) v Director of Legal Aid Casework is here and a summary was posted by Doughty Street Chambers here.

Contempt of court proceedings for breach of anti-suit injunctions and application for summary judgment on the claim in the underlying English action.

He is particularly experienced in cost effective ways of bringing cases to an end including strike out and summary judgment applications.

In a judgment handed down today, two former executive directors of Lloyds Bank have succeeded in their application for summary judgment for an award of shareIn a judgment handed down today, two former executive directors of Lloyds Bank have succeeded in their application for summary judgment for an award of sharein their application for summary judgment for an award of shares.

[6]... Summary judgment applications are not a substitute for trial and thus will seldom prove suitable for resolving conflicts in expert testimony particularly those involving difficult, complex policy issues with broad social ramifications.

For the purpose of a summary judgment application, it is conceded the Respondent failed to advise the Appellant of the problem, and the Chambers Judge assumes the rig became stuck because of the sulfamic acid in the mud.

The court has held that where a defendant serves a late acknowledgment of service, he may be entitled to an extension of time to serve the acknowledgment together with a period of time in which to consult with his recently appointed lawyer prior to putting in a response to a summary judgment application by the claimant.

● The defendant was to put in any evidence in response to the summary judgment application within four weeks.

The summary judgment application was, however, not advanced in the hearing.

Read in light of the fact that the test is equivalent to the CPR's summary judgment test shows that there is a high threshold to be applied to the evidence before the court in determining the application.

The judgment contains, by way of background, a helpful summary of the divorce procedure in England and Wales: «An application for divorce is made in the English court by an originating process called a petition.

Parties seeking to rely on a pre-action admission prior to 6 April 2007, and which has since been withdrawn, are left in an unenviable position whereby: n the party withdrawing the admission does not require the court's permission to resile from such an admission; n only where the case is very strong can an application for summary judgment be contemplated under CPR 24.

The Trademark Office in this case stated that in order to raise a genuine issue of material fact as to its intent to use on a motion for summary judgment, an applicant must rely on specific facts that establish the «existence of an ability and willingness to use the mark in the United States to identify [the goods in the application] at the time of the filing of the application.»

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In affirming the lower court's grant of summary judgment in favor of Companies, the appellate court roundly rejected application of HUD's «fourth factor» test, holding that the policy statement amounted to «non-binding advice about the agency's enforcement agenda.&raquIn affirming the lower court's grant of summary judgment in favor of Companies, the appellate court roundly rejected application of HUD's «fourth factor» test, holding that the policy statement amounted to «non-binding advice about the agency's enforcement agenda.&raquin favor of Companies, the appellate court roundly rejected application of HUD's «fourth factor» test, holding that the policy statement amounted to «non-binding advice about the agency's enforcement agenda.»