Ashlee Barber

The appellant appealed a scheduling order made by the Superior Court of Justice.

The Court of Appeal quashed the appeal, holding that a scheduling order is an interlocutory order because it does not determine the merits of the dispute.

Therefore, the appeal should have been brought to the Divisional Court, and the Court of Appeal lacked jurisdiction.

No costs were awarded.

Following a costs endorsement, the plaintiffs requested a reconsideration, arguing the court omitted to deal with elements of their discovery requests.

The court declined to reconsider, noting that the costs of the plaintiffs' motions for further discovery were already assessed and regrouped under the production issues in the earlier decision.

Following the dismissal of a motion seeking to add two former solicitors as defendants in a professional negligence action, the non-party solicitors sought costs.

The court confirmed that the solicitors had successfully resisted the motion and were entitled to costs on a partial indemnity basis.

In assessing costs under Rule 57, the court considered the importance of the issues, the significant damages claimed, extensive cross‑examinations, documentary record, and preparation required due to late abandonment of certain claims.

A moderate downward adjustment was applied to the hours claimed.

The court fixed reasonable costs payable by the plaintiffs to each solicitor.