Kevin Khoa Van Doan

The appellant appealed a Divisional Court decision dismissing his application for judicial review of a Director Delegate's decision.

The Court of Appeal found no error in the Divisional Court's application of the appropriate standard of review.

The appeal was dismissed with costs awarded to the respondent.

The defendant, The Personal Insurance Company of Canada, sought to have the same judge who granted its initial summary judgment motion hear a subsequent 'further motion' to dismiss the balance of the plaintiff's action.

The plaintiff opposed this request, arguing the relief was inappropriate for summary judgment and citing concerns about the judge's prior favourable ruling.

The court, referencing Hryniak v. Mauldin, declined to seize itself of the further motion, clarifying that the obligation to craft a trial process arises when summary judgment motions are dismissed, not granted.

However, the court offered to case manage the interim issues related to the second motion.