The plaintiff brought a motion before a single judge of the Superior Court for leave to appeal an interlocutory order that prohibited her father, who is not licensed to practice law in Ontario, from representing her.
The defendant opposed the motion, arguing that a single judge lacked jurisdiction.
The court agreed, holding that under Rule 62.02(1) of the Rules of Civil Procedure, a motion for leave to appeal an interlocutory order must be heard by a panel of three judges of the Divisional Court.
The motion was adjourned to a panel, and costs were awarded against the plaintiff's father.