The moving parties (plaintiffs) sought to review an order from a single judge of the Court of Appeal, which dismissed their motion for a stay of two interlocutory orders from a case management judge of the Superior Court of Justice.
These interlocutory orders vacated the dates for a pre-trial conference and trial, allowing the responding parties (defendants) to bring a motion for directions before trial.
Key Points:
The moving parties' motion for a stay of the interlocutory orders was dismissed, and their subsequent review motion to the Court of Appeal was also dismissed.
The Court of Appeal agreed with the motion judge, finding no serious issue to be tried that would warrant a stay, no demonstration of irreparable harm, and that the balance of convenience did not favor the moving parties.
The Court of Appeal found the stay motion moot, as the vacated pre-trial and trial dates had passed and the motions in question were already heard and under reserve.
Outcome:
The Court of Appeal dismissed the review motion, with the moving parties ordered to pay a total of $8,500 in costs to the responding parties who sought costs.
