Liam Dart

The appellant appealed a scheduling order made by the Superior Court of Justice.

The Court of Appeal quashed the appeal, holding that a scheduling order is an interlocutory order because it does not determine the merits of the dispute.

Therefore, the appeal should have been brought to the Divisional Court, and the Court of Appeal lacked jurisdiction.

No costs were awarded.

The plaintiffs brought motions to set aside Registrar's dismissal orders issued in May 2024 in two related inmate assault and conditions of confinement actions commenced in 2015.

Applying the Piedrahita framework, the court found the delay was adequately explained by consent timetables, pandemic disruptions, and counsel's early-2024 practice upheaval.

The motions were brought promptly after the dismissals became known, and the Crown did not demonstrate significant prejudice precluding a fair trial, particularly given its own participation in setting the litigation pace.

The dismissal orders were set aside and the actions reinstated on a strict enforceable timetable.