Sentences with phrase «summary judgment application under»

Not exact matches

Applications for summary judgment under CPR Pt 24 often involve points of construction.

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 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).

Applications under CPR Pt 24 (summary judgment) often involves short points of construction of agreements.

The other cases mainly dealt with procedural issues (consolidation of applications under the Substitute Decisions Act, adjournments, summary judgment, and applications under Rule 14.05).

Parties seeking to rely on a pre-action admission prior to 6 April 2007, and which has since been withdrawn, are left in an unenviable position whereby: n the party withdrawing the admission does not require the court's permission to resile from such an admission; n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.

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