Context:

• Nature of the Case: Simplified action for damages due to travel complications resulting in a one-month delay and incurred expenses of USD $4520.13.

Key Issues:

1. Plaintiffs' Appeal: Challenging the May 17, 2023, Order which upheld earlier court directives and deadlines for motion materials.
2. Defendants' Position: Arguing against the plaintiffs' interpretation of communication deadlines and maintaining the set schedule.

Court's Findings:

• The appeal was based on the interpretation of communication deadlines for filing motions returnable at the Pre-Trial Conference (PTC).
• The court examined the chronological sequence of communications and directives, focusing on the March 14 and May 8 communications and the subsequent May 17 Order.
• Plaintiffs argued that the May 17 Order unfairly cut short their preparation time, whereas defendants maintained that the deadlines were clear and reasonable.

Decision:

• The court dismissed the plaintiffs' appeal, concluding that the May 17 Order did not constitute a palpable and overriding error.
• It was emphasized that case management judges have discretion in setting procedural deadlines, and the May 17 Order was a proper exercise of this discretion.
• The order was seen as necessary to ensure an orderly process for the upcoming PTC and to maintain fairness to all parties.

Conclusion:

• The plaintiffs' motion to set aside the May 17 Order was dismissed.
• The court awarded costs of $750 to the Attorney General of Canada, payable by the plaintiffs.

Overall Outcome:

• The court's decision upheld the May 17 Order, dismissing the plaintiffs' appeal and confirming the established deadlines for motion materials, supporting orderly court procedures.