Background:

• The appellant, Andrew Athanassiades, filed a lawsuit against Rogers for failing to provide internet service and for subsequent collection attempts. He sought $1 million in damages for spoliation, intentional infliction of mental suffering, defamation, and breach of contract.
• Rogers moved for summary judgment, which led the motion judge to dismiss claims for spoliation and intentional infliction of mental suffering, while deferring defamation and breach of contract claims to a mini-trial.

Key Points from the Appeal:

1. Jurisdiction and Procedural Concerns:

   • The appeal included both final (dismissal of certain claims) and interlocutory (mini-trial directive) orders.
   • The Court of Appeal does not have jurisdiction over interlocutory orders without leave from the Divisional Court.
   • This fragmented approach to appealing before the completion of the summary judgment was deemed inefficient and procedurally flawed.

2. Grounds for Appeal:

   • Athanassiades’s appeal broadly contested the motion judge’s approach, focusing on the decision to direct a mini-trial.
   • The appeal did not distinctly address the dismissal of claims for intentional infliction of mental suffering and spoliation.

3. Judicial Economy:

   • The appeal was considered premature, as the summary judgment process, including the mini-trial, was incomplete.
   • The court emphasized the importance of resolving the mini-trial before entertaining an appeal to avoid judicial inefficiency and possible inconsistent findings.

Outcome:

• The appeal was dismissed.
• The dismissal does not prevent Athanassiades from appealing after the mini-trial and completion of the summary judgment.
• Costs of $10,000 were awarded to the respondent.

Conclusion:

• The decision underscores the importance of completing lower court procedures before seeking appellate review, especially in cases involving partial summary judgment. The court aims to ensure efficiency and coherence in legal proceedings.