Sentences with phrase «way of summary judgment»

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.

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

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 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»).

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.

Drysdale was decided by way of a 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.

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.

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.

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.

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

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

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.

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.

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?

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.

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.