The appellant appealed an order determining two questions of law on a Rule 21 motion before trial.
The underlying action involved a claim for $10,000,000 in damages for a failed roof at Terminal 3 of Pearson International Airport.
The respondents sought to determine whether a $250,000 limitation of liability clause in the architect's contract affected their claims for contribution and indemnity under the Negligence Act.
The Court of Appeal allowed the appeal, holding that the legal issues were novel, complex, and required a full factual record, making them inappropriate for determination on a Rule 21 motion.
