Appellant
Respondent
Background: Kal Mohamed Badela appealed from an order of the Supreme Court of British Columbia that sequenced the hearing of applications brought by him and the respondents. The respondents included James Joseph Donald and various employees of the Insurance Corporation of British Columbia (ICBC).
Legal Arguments/Issues: The ICBC respondents applied to quash the appeal, arguing that the order was not appealable at this stage. The appeal centered on whether the Sequencing Order constituted an appealable order under the Court of Appeal Act. The judge determined that the Sequencing Order was a pre-hearing procedural ruling, not affecting the appellant's substantive rights.
Held: Justice Butler of the Court of Appeal for British Columbia granted the application to quash the appeal. He concluded that the Sequencing Order did not determine procedural or substantive rights and fell within a grey area of judicial decisions that are not immediately appealable. The judge emphasized that such pre-hearing rulings are meant to facilitate judicial economy and procedural efficiency.
Costs/Awards: The document did not specify any costs or awards granted in favor of the successful party as the appeal was quashed on procedural grounds.
Court
Court of Appeals for British ColumbiaCase Number
CA49476Practice Area
Insurance lawAmount
Winner
RespondentTrial Start Date
Download documents