The defendants appealed a motions judge's answers to questions posed under Rule 21.01(1)(a) regarding a pension plan surplus following the sale of a business division.
The appeal concerned only the answers relating to administrative costs and expenses.
The Court of Appeal allowed the appeal, finding that the questions were inextricably linked to other issues that the motions judge had correctly directed to trial, such as the effect of statements in pension booklets and reliance on them.
The Court set aside the answers and directed that the issues regarding administrative costs and expenses also proceed to trial.
