The appellants appealed an order dismissing their motion under Rule 51.06 for judgment on alleged admissions regarding a limitation period defence.
The Court of Appeal held that the motion judge's order did not finally dispose of the rights of any parties or any issue, as the limitation defence could still be argued at trial.
Consequently, the order was interlocutory, and jurisdiction to hear the appeal lay with the Divisional Court.
The appeal was quashed for lack of jurisdiction.
