Sentences with phrase «summary stage of proceedings»

With reference to the «structured approach» to proportionality laid down in the decision of Lord Sumption in Bank Mellat v HM Treasury (No 2)[2013] UKSC he argued that the question of proportionality had to be decided at a full trial rather than at a summary stage of proceedings.

Not exact matches

It was hoped that by giving parties access to witness evidence at an earlier stage in the proceedings, the parties would have a clearer view of the case and be encouraged to settle or apply for summary judgment.

With respect to the Appellant's first ground, the Court of Appeal found the argument summary judgment should not have been granted on the basis proceedings were still at an early stage in their development «overlooks the direction provided by the Supreme Court of Canada in Hryniak v. Mauldin, 2014 SCC 7 (CanLII), [2014] S.C.J. No. 7 (S.C.C.), at paras. 49 and 66, that summary judgment is to be granted where the record enables to motion judge to reach a fair and just determination on the merits and to do so in a timely, more affordable and proportionate manner.»

Accordingly, we carefully consider each case in which we act at an early stage of the proceedings to examine and analyze the prospects of successfully bringing (and successfully responding to) a motion for summary judgment.