Robert Kalanda

The plaintiff sued the defendant for breach of contract and misrepresentation arising from a franchise agreement.

The defendant brought a motion for summary judgment dismissing the action as statute-barred.

Before discoveries took place, the plaintiff moved to strike the summary judgment motion on the grounds of prematurity.

The court dismissed the motion to strike, applying the test that such a motion should only be granted in the clearest of cases.

The court found that the summary judgment motion had a reasonable chance of success and the matter was not overly complicated.

The appellants appealed an order dealing with unpaid costs and security for costs.

The respondents raised a preliminary objection that the order was interlocutory and required leave to appeal to the Divisional Court.

The Court of Appeal agreed, finding that orders regarding unpaid costs and security for costs are interlocutory.

The appeal was quashed for lack of jurisdiction.