The defendant brought a motion for directions to adjourn its motion for leave to appeal a class action certification order pending the disposition of its appeal of a summary judgment order to the Court of Appeal.
The plaintiffs brought a cross-motion to dismiss the leave motion for failing to name a hearing date.
The Divisional Court dismissed both motions, holding that the certification order frames the proceedings and the leave motion must be heard expeditiously before the summary judgment appeal.
The court declined to dismiss the leave motion on technical grounds and ordered it to be perfected and heard at the earliest opportunity.
