The appellant sought to appeal an order discontinuing a trial and directing that a new trial be scheduled before a different judge.
The Divisional Court determined that the order was interlocutory, not final, as it did not dispose of the litigation.
The court issued a notice under Rule 2.1.01 of the Rules of Civil Procedure, indicating it was considering dismissing the appeal as an abuse of process for lacking jurisdiction, but provided the appellant an opportunity to make written submissions.
