Sentences with phrase «then granting summary judgment»

The Court of Appeal allows the appeal on the basis of the first issue, finding that there is procedural unfairness in reformulating the common issue certified (and then granting summary judgment on it) without first providing an opportunity for the parties to make submissions.

The court then granted summary judgment in favor of defendants, finding that defendants did not infringe and that the asserted claims of the patent were invalid in light of prior art that pre-dated the earliest conception date that Taurus could prove.

Not exact matches

Summary judgment was granted; that decision was overturned on appeal to the Ontario Court of Appeal; the franchisee then sought leave to appeal to the Supreme Court of Canada, which was refused in 2010.

Appeals from the granting of a summary judgment motion go directly to the Court of Appeal, but appeals from the denial of such a motion go to the Divisional Court, and only then with leave.

21st Century then moved for summary judgment because its policy contained a «Named Driver Exclusion Endorsement» that excluded Roberson from all coverage under the policy; the trial court agreed and granted 21st Century's motion.

The trial court granted summary judgment in favor of the company, and the court of appeals then reversed the decision.

[25] Turning then to the substance of the second ground of appeal, the appellants submit that granting partial summary judgment on the misrepresentation issue provides minimal, if any, efficiency as the action is proceeding to trial on the negligence, breach of contract, and Arthur Wishart Act claims.

(Combined Air was an excellent example of how r. 20 has been neutered each time it has been upgunned over the decades: a promising start, then more and more and more decisions that expanded the list of situations in which summary judgment wasn't to be granted; Karabus and Tjaden very accurately cite this tendency as «interpretive erosion».)