The appellant brought a motion for directions seeking an order that motions for leave to appeal to the Divisional Court be heard by the Court of Appeal.
The respondent opposed and brought a cross-motion to adjourn the appeal hearing and extend time to file responding materials.
The motions judge dismissed the motion for directions, finding the Court of Appeal lacked jurisdiction to determine a motion for leave to appeal pending before the Divisional Court.
The cross-motion for extension of time was granted, but the request to adjourn the appeal was denied.
Costs were fixed at $5,000 with disposition deferred to the appeal panel.
