Sentences with phrase «way of summary»

A party may have an action, or part of an action, decided by way of summary judgment motion if there is no genuine issue for trial.

The Court of Appeal rarely hears appeals in which the appellant claims to have been wrongly deprived of a prompt and efficient resolution by way of summary judgment.

Interestingly, Rule 9 - 7 (2) permits any party to apply for judgment on an issue or generally by way of a summary trial.

Other offences have a wide range of penalties and can be pursued either by indictment or by way of summary offence.

When the case eventually proceeded into litigation, we were able to establish that the machine was significantly altered from its intended use and moved to dismiss the case by way of summary judgment.

It is crucial to obtain the assistance of a BC family lawyer to determine if your case is good to go by way of a summary trial.

The wife brought a motion to change seeking to extend spousal support beyond that date, which was dismissed by way of summary judgment.

The Crown proceeded by way of summary conviction.

By way of a summary of what the term has come to imply after 30 years of use, we can say first that evangelisation has always been the mission of the Church empowered by the presence and activity of the Holy Spirit (John Paul II, Novo Millennio Ineunte, 45).

The Court of Appeal recently overturned a summary judgment, finding that the motion judge erred by allowing the dispute to proceed by way of summary judgement due to the fact that the case presented serious evidentiary difficulties which could not be properly addressed in the context of a simplified procedure under rule 76 of the Ontario Rules of Civil Procedure.

Should the Crown proceed by way of summary conviction, the maximum sentence would be 18 months imprisonment.

However, if there are significant material facts in dispute it is much safer, and probably just as cost effective, to have the action decided by way of a summary trial under Rule 76.

Plaintiff's claims dismissed by way of summary judgment motion.

That test prevented a judge considering a summary judgment motion from exercising newly conferred powers in Rule 20.04 (2.1) of the Rules of Civil Procedure to weigh evidence, evaluate credibility, and draw reasonable inferences unless he or she was satisfied a full appreciation of the evidence and issues could be achieved by way of summary judgment.

By way of summary, the graph in Figure 3 shows what has happened to family planning clinic attendance and take - up of EBC at these clinics for under sixteens in England since the early 1970s.

By way of summary, a listing of the practical implications which may be derived from these approaches will now be made.

By way of summary, the Pharisees did incorrectly discern the source of Jesus» power, but Jesus does not say that they have committed blasphemy, but that they were close to committing blasphemy.

Here are some implications of this approach, by way of summary: (1) Focusing on why the wife married an alcoholic or a potential alcoholic is definitely contraindicated.

By way of summary, Canonization is the process and standards by which the early church leaders selected which documents to include in the New Testament.

I'd say hold up a GISS graph by way of summary is emminently suitable for the medium in which it was presented.

The Divisional Court found the Motion Judge was correct in dealing with the matter by way of summary judgment because the facts were not in dispute.

The Court of Appeal of BC has upheld the awarding of over $ 400,000.00 for breach of a settlement agreement (2014 BCCA 66) despite the argument that the dispute should not have been dealt with by way of summary trial due to conflicts within... Continue reading →

Representation of a mechanical contractor in the prosecution of multimillion - dollar delay and inefficiency claims against a New Jersey school district and its designers, defeating «No Damages for Delay» provision asserted by way of summary judgment and obtaining favorable settlement for client following three days of mediation.

By way of summary, if Mr. Schmidt can prove his case, then I believe he has earned my respect and admiration as a first - class Whistleblower!

Where a lawsuit is necessary, one's case can usually be resolved by way of summary judgment, meaning that you may never have to step foot in a courtroom.

We have considerable experience in pursuing and resisting estoppel arguments and have dealt with rectification claims both by way of summary judgment and at a full hearing.

It will also tell you if the Crown is proceeding by way of summary conviction or by indictment.

Proceeding by way of summary judgment motion will typically be faster, cheaper and more efficient than Small Claims Court for straightforward wrongful dismissal actions.

If the judge thinks that a summary trial does not meet the needs of the litigants and can't determine credibility or truth based on affidavits, he / she may reject the case being heard by way of summary trial.

The Court found that the motion judge failed to assess the fairness of deciding the actions by way of summary judgment in the context of the simplified rules procedural constraints under Rule 76.04 of the Rules of Civil Procedure («Rules»).

Drysdale was decided by way of a summary judgment motion.

A recent decision of the Ontario Court of Appeal highlights the risk of attempting to have a simplified procedure action decided by way of a summary judgment motion.

The Court of Appeal found that motion judge failed to assess the fairness of deciding this matter by way of summary judgment given the conflicting evidence and the fact that Rule 76.01 prohibited from cross-examining the plaintiffs on their affidavits.

Claims dismissed by way of summary judgment motion.

In case any doubts remain the Court confirmed in Armone at para. 12 that a straight forward without cause wrongful dismissal is usually amenable to be decided by way of a summary judgment motion.

The Court of Appeal determined both that the Motion Judge did not err in deciding the case by way of summary judgment, and that there was no basis to intervene in the decision itself.

(2) Where the prosecutor applies for an assessment in order to determine whether the accused is unfit to stand trial for an offence that is prosecuted by way of summary conviction, the court may only order the assessment if

The first is where the parties agree to submit their dispute to resolution by way of summary judgment.

In deciding if these powers should be used to weed out a claim as having no chance of success or be used to resolve all or part of an action, the motion judge must ask the following question: can the full appreciation of the evidence and issues that is required to make dispositive findings be achieved by way of summary judgment, or can this full appreciation only be achieved by way of a trial?

Even if there is a genuine issue of fact or law for trial, the court may determine the issue by way of summary trial.

These issues do not lend themselves to resolution by way of summary judgment and as such most SLAPP motions should be doomed to failure as are motions for summary judgment on the same issues.

The matter was determined by way of summary trial.

In determining whether a case should be disposed of by way of a motion for summary judgment, the motion judge must apply a «full appreciation» test and ask whether the full appreciation of the evidence can be achieved by way of summary judgment, or whether a trial is required.

By way of a summary, Sky Sports TV, for example, is an iPhone - specific app that lets non-Sky Subscribers watch Sky Sports live on their mobile phone for a small monthly fee.