The plaintiff sought leave to appeal an order adjourning a motion for summary judgment and the motions judge's refusal to seize herself of the matter.
All parties consented to the request for leave.
The Divisional Court found the motions judge's decision inconsistent with the Supreme Court of Canada's direction in Hryniak v. Mauldin regarding timely and affordable adjudication.
Finding good reason to doubt the correctness of the decision and that it involved matters of public importance, the court granted leave to appeal.
