The moving parties, Global Payments Direct Inc. and Global Payments Canada Inc., sought to expedite and consolidate the hearing of their motion for leave to appeal and the appeal itself from an order in Air Canada's CCAA proceedings.
The moving parties sought security for their exposure to credit card chargebacks.
The Court of Appeal held that while it had jurisdiction to consolidate the proceedings under Rule 2.03, such an order is exceptional.
The court expedited the leave motion and potential appeal but declined to consolidate them, finding the moving parties would not suffer substantial prejudice if the usual practice of separate hearings was followed.
