The plaintiffs requested an urgent case conference after the hospital defendants unexpectedly delivered a summary judgment motion and sought to have it heard concurrently with the scheduled class action certification motion.
The plaintiffs argued there was insufficient time in the existing timetable to respond.
Applying section 4.1 of the Class Proceedings Act, 1992, the court held it was compelled to order the summary judgment motion to be heard concurrently with the certification motion, as it could dispose of the proceeding in whole or in part.
A further case conference was ordered to revise the timetable.
