The plaintiff brought a motion for leave to appeal an interlocutory order of a motions judge who had adjourned their summary judgment motion and given directions for further evidence.
The Divisional Court dismissed the motion for leave to appeal as premature.
The court held that appealing an intra-motion ruling before the summary judgment motion is finally disposed of offends the principle of continuity in judicial touch established in Hryniak and the goal of timely and cost-effective proceedings under Rule 1.04(1).
