The applicant, Kenora Prospectors & Miners, Limited, sought leave to appeal an order made at a trial management conference that denied it leave to bring a motion to be removed as a party to a family law proceeding.
The applicant argued it was denied the right to be heard on the merits of its request for leave.
The Divisional Court granted leave to appeal, finding good reason to doubt the correctness of the order because the applicant was seemingly denied the opportunity to present its case, and concluding that the right to be heard and the proper conduct of trial management conferences are matters of systemic and public importance.
