During a summary judgment motion involving a mini-trial, the motions judge ordered that a paragraph in the self-represented respondent's affidavit be treated as a counterclaim for one million dollars against the appellant bank.
The bank appealed this order.
The Divisional Court dismissed the appeal as premature, holding that an appeal of a ruling made during a summary judgment motion should normally await the completion of the motion, similar to rulings made during a trial.
