Dwain Burns

The appellant sought to appeal an order dismissing its motion for summary judgment to the Court of Appeal, arguing that a finding of law in the motion judge's reasons regarding relief from forfeiture constituted a final order.

The Court of Appeal held that the order was interlocutory and that, following recent jurisprudence, an order must contain any finding of law intended to be final to confer jurisdiction on the court.

The court concluded the order was not final and dismissed the appeal for lack of jurisdiction.

The defendants appealed an interlocutory order requiring them to post $100,000 in security for costs or have their Statement of Defence and Counterclaim struck.

The primary issue was whether Rule 56.01(1)(c) conflicts with section 12 of the Libel and Slander Act.

The Divisional Court found no conflict, as the rule and the statute rely on different criteria.

However, the court varied the order, holding that a party should not be required to post security merely to defend itself.

The order was amended so that only the defendants' counterclaim would be struck if security was not posted.