The Court of Appeal for Ontario considered appeals from a partial summary judgment granted by the Superior Court of Justice.
The parties agreed that the motion judge's refusal to grant a stay of the partial summary judgment constituted an interlocutory order, such that any appeal lay to the Divisional Court with leave.
The Court of Appeal determined that the matter should proceed by way of leave application to the Divisional Court rather than by direct appeal.
The appeals were quashed and the request for transfer was denied.
Costs were awarded to the respondent.
