Sentences with phrase «way of summary judgment in»

Not exact matches

Summary: The past three decades of brain research have shown that thinking and feeling are intertwined in complex ways affecting attention, memory and judgment.

Hence, he also wrote, «On this summary judgment record, HISD teachers have no meaningful way to ensure correct calculation of their EVAAS scores, and as a result are unfairly subject to mistaken deprivation of constitutionally protected property interests in their jobs.»

On January 23, 2014, the Supreme Court of Canada released its decision in the case of Hryniak v. Mauldin, in which it signaled a fundamental shift in the way that summary judgment motions are to be handled in the Province of Ontario.

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.

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.

There's mention of an interesting discussion at SCOTUS blog on the decline in paid petitions for cert to the U.S. Supreme Court, whether judges accurately report facts in summary judgment motions (one way to tell is to read the dissents, according to the post) and an interesting study on pro se defendants who apparently perform fairly well in criminal proceedings.

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.

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 also finds that readability has a stronger relationship to summary judgment success in federal courts than in state courts.2 After several earlier studies of appellate brief quality and success on appeal yielded conflicting results, our finding paves the way for additional research.

In Rotstein v. Smith, Richard obtained one of the first summary judgments in a hotly contested estates dispute that went all the way to the Supreme Court of CanadIn Rotstein v. Smith, Richard obtained one of the first summary judgments in a hotly contested estates dispute that went all the way to the Supreme Court of Canadin a hotly contested estates dispute that went all the way to the Supreme Court of Canada.

He is particularly experienced in cost effective ways of bringing cases to an end including strike out and summary judgment applications.

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 Civil Procedure Rules are very detailed and very technical ranging from the way in which documents should be presented in the litigation, through to timetabling but also including a number of tactical procedural aspects such as, for example, applying to strike out a claim or a defence, applying for summary judgment and making tactical offers to settle.

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?

The judgment contains, by way of background, a helpful summary of the divorce procedure in England and Wales: «An application for divorce is made in the English court by an originating process called a petition.

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.

(14) Imposing, and authorising a Protector to inflict summary punishment by way of imprisonment, not exceeding fourteen days, upon aboriginals or half - castes, living upon a reserve or within the District under his charge, who, in the judgment of the Protector, are guilty of any crime, serious misconduct, neglect of duty, gross insubordination, or wilful breach of the Regulations;