Sentences with phrase «to dismiss the proceeding»
"To dismiss the proceeding" means to officially stop or terminate a legal case or court action. It typically occurs when a judge or court decides that there is insufficient evidence, a lack of legal basis, or another reason why the case should not continue. Full definition
No dismissal (4) A judge shall not dismiss a proceeding under sub - section (3) if the responding party satisfies the judge that, 1.
stopslappsuits.ca
(5) Nothing in this section limits the authority of a court to stay or dismiss a proceeding as an abuse of process or on any other ground.
Order to dismiss (3) On motion by a person against whom a proceeding is brought, a judge shall, subject to subsection (4), dismiss the proceeding against the person if the person satisfies the judge that the proceeding arises from an expression made by the person that relates to a matter of public interest.
Amendment to pleadings 13 Unless a judge orders otherwise, the responding party shall not be permitted to amend their pleadings in the proceeding, a) in order to prevent or avoid an order under this section dismissing the proceeding; or b) if the proceeding is dismissed under this section, in order to continue the proceeding.
The Act added sections 137.1 to 137.5 to the Courts of Justice Act («CJA»), [2] providing, among other things, a fast - track mechanism for the Court to dismiss a proceeding on a motion by a defendant where the Court is satisfied that the proceeding arises from an expression that relates to a matter of public interest.
Damages 10 If, in dismissing a proceeding under this section, the judge finds that the responding party brought the proceeding in bad faith or for an improper purpose, the judge may award the moving party such damages as the judge considers appropriate Relief under this Act is in addition to other available relief 11 Nothing in this Act limits or restricts the rights available to a plaintiff of defendant under any Act or any rule of any court.
Rule 9 — 6 allows summary judgement, which can result in dismissal if it is shown that the plaintiff's claim contains no cause of action, and Rule 22 — 7 allows the court to dismiss a proceeding if there has been failure to comply with the Supreme Court Civil Rules.
Under Ontario's Protection of Public Participation Act, 2015, the defendant may bring a motion to dismiss a proceeding at any time after the proceeding is commenced.
a discretion to summarily dismiss a proceeding in which no reasonable cause of action is disclosed, which is frivolous or vexatious, or which is an abuse of process, pursuant to Order 20 rule 2 of the Federal Court Rules.
a discretion to dismiss a proceeding for «default» by the applicant, including failure to comply with a direction given in relation to conduct of the proceedings, pursuant to Order 35A of the Federal Court Rules, and
Section 68.2 requires the adjudicator «to deliver written notice to all parties of the intention to dismiss the proceeding on the grounds set out in Rule 68.1.»
Rule 2.1 provides that the court may stay or dismiss a proceeding if it appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court.
Costs if motion to dismiss denied 9 If a judge does not dismiss a proceeding under this section, the responding party is not entitled to costs on the motion, unless the judge determines that such an award is appropriate in the circumstances.
Mr. Larsen went to the State Supreme Court, which agreed that he had corrected the defects of his original petition and dismissed the proceeding.
If the corporation fails to comply with subrule (6), the court may dismiss its proceeding or strike out its defence.
Motion to be heard 12 (1) If a defendant against whom a proceeding is brought or maintained considers the whole of the proceeding or any claim within the proceeding has been brought in response to their expression or public participation, the defendant may, subject to subsection (2), bring an application for one or more of the following orders: a) To dismiss the proceeding or claim, as the case may be; b) For costs and expenses; c) For punitive or exemplary damages against the plaintiff.
6 a judge shall not dismiss a proceeding under subsection (3) if the responding party satisfies the judge that, a) There are grounds to believe that, i.
5 On motion by the person against whom a proceeding is brought, a judge shall, subject to subsection (6), dismiss the proceeding against the person if the person satisfies the judge that the proceeding arises from an expression made by the person that relates to a matter of public interest.
137.2 (1) A motion to dismiss a proceeding under section 137.1 shall be made in accordance with the rules of court, subject to the rules set out in this section, and may be made at any time after the proceeding has commenced.
(3) On motion by a person against whom a proceeding is brought, a judge shall, subject to subsection (4), dismiss the proceeding against the person if the person satisfies the judge that the proceeding arises from an expression made by the person that relates to a matter of public interest.