The moving party sought an order permitting the late filing of a notice of appeal from a motion judge's dismissal of its summary judgment motion.
The summary judgment motion had been based on a limitation period defence.
The Court of Appeal determined that the motion judge's dismissal was an interlocutory order, not a final order, because the formal order did not reflect a binding determination on the limitation period and the matter was sent to trial.
Consequently, the Court of Appeal lacked jurisdiction to hear the appeal, and the motion for late filing was dismissed.
