Key Issues:

1. Plaintiff's Motion:
   • Grossman sought a stay of the class action against Apple, pending the outcome of the Lewis v. Uber Canada Inc. appeal, which could impact jurisdictional issues under the Excise Tax Act (ETA).
2. Defendant's Motion:
   • Apple requested that its motion for summary judgment be heard before the certification of the class action.

Background:

• Grossman Action: Alleged that Apple overcharged sales tax in its Trade-In Program, contrary to the ETA.
• Lewis Action: Concerned whether Uber or customers should pay sales tax on discounted items. The decision in this case could influence the jurisdictional argument in Grossman’s case.

Court’s Analysis and Decisions:

1. Stay Motion:
   • Dismissed because:
     • The Lewis Appeal might not resolve the statutory jurisdiction issue.
     • Separate actions with unrelated facts should not be stayed due to similar legal issues.
     • Apple's summary judgment motion included multiple arguments beyond the jurisdiction issue.
2. Scheduling Motion:
   • Granted because:
     • There is a strong legislative presumption favoring the hearing of summary judgment motions before certification.
     • Apple's motion raised significant grounds that could dispose of the case entirely.
     • No evidence suggested the summary judgment motion was a delay tactic.

Costs:

• Apple was awarded $15,000 in costs on a partial indemnity basis, payable by Grossman within 30 days.