Summary judgment, access to justice, Rules of Civil Procedure, Hryniak v Mauldin, legal process, material facts, trial, legal dispute
The plaintiff, Jane Doe, stands before this honorable court with unwavering resolve, embodying the essence of perseverance and steadfastness. Beyond a mere request for clarification, Jane Doe ardently seeks the steadfast execution and uncompromising implementation of Rule 20.04(2)(a) of the Rules of Civil Procedure. This type of mindset resulted in eight years of engagement with the legal proceedings that she, unfortunately, had to endure. Although the case has been settled, the lessons learned about cooperation, generosity, and resilience remain.
[...] Motion for Summary Judgment Introduction The plaintiff, Jane Doe, stands before this honorable court with unwavering resolve, embodying the essence of perseverance and steadfastness. Beyond a mere request for clarification, Jane Doe ardently seeks the steadfast execution and uncompromising implementation of Rule 20.04(2)(a) of the Rules of Civil Procedure. This type of mindset resulted from eight years of engagement with the legal proceedings that she, unfortunately, had to endure. Although the case has been settled, the lessons learned about cooperation, generosity, and resilience remain. [...]
[...] Mauldin hearing that fast settlement of legal disputes through summary judgment results in fairness and speedy delivery of justice once again strengthens the argument above. The immediate and unyielding request for settlement pending by the Plaintiff in contra of the Defendants' denial of substantial talks brings to attention a compelling reason for the judgment in summary, whose objective is to end this dispute as soon as possible to ease the ongoing pain of the Plaintiff. This route maintains a firm adherence to the core ideas of efficiency in justice and fairness, and cases of merit are adjudicated as quickly as possible. [...]
[...] Mauldin and Bank of Montreal v. Faibish and Celanese Canada Inc. v. Murray Demolition Corp., which demonstrate the courts' tendency to levy summary judgments based on the straightforwardness and lack of factual disputes in the matter. History that judiciaries lean on efficiency and equality, focusing on sufficient summary judgment to resolve cases quickly and make legal disputes fair. By calming the litigation process and eliminating impractical delays, summary judgment helps to provide timely access to justice. It promotes the judicial economy, thus benefiting both parties involved in the legal system. [...]
[...] The Plaintiff is entitled to judgment as a matter of law. 3. The defense has no defense. Liability, causation, medical evidence, employment records, damages, and severe and permanent impairments have all been proven, and the defendants are liable. All agreed-upon undertakings have been satisfied. 4. There are two claims in progress currently in Case Management that still need to be consolidated but are ordered to be seen together or one after the other, further complicating two very separate incidents and causing unnecessary delay. [...]
[...] Mauldin (2014 S.C.C. meaning that everything of importance and necessary that is implicated in that case is unquestionably known, so the application of summary judgment is justified. This is the act of the Plaintiff succinctly presenting the factual complexity of the case. The sole aim is to usher in a just and fair verdict as the trial proceeds. It underlines the situations where the facts are beyond dispute, and a final verdict may be given. Consequently, the summary judgment becomes a tool to speed up the legal process by fashioning a decision based on frequently undisputed facts of the disputes. [...]
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