P. Ho

The plaintiffs appealed a Master's order removing their lawyer of record to the Divisional Court.

A preliminary jurisdictional issue arose regarding whether the order was final or interlocutory.

The Divisional Court held that, based on established jurisprudence, an order removing a lawyer of record is interlocutory in nature.

Consequently, the appeal properly lies to a judge of the Superior Court of Justice, not the Divisional Court.

The appeal was quashed for lack of jurisdiction.

The plaintiffs appealed an order refusing to set aside a registrar's order that dismissed their motor vehicle accident claim for delay.

The defendant had entered bankruptcy shortly after being served, triggering an automatic stay under the Bankruptcy and Insolvency Act.

The Divisional Court allowed the appeal, finding that the Master erred by failing to consider the ultimate justice of the case, given the lack of prejudice to the insurer.

Furthermore, the court held that the bankruptcy stay deprived the registrar of jurisdiction to dismiss the action, rendering the dismissal order a nullity.