The order under appeal granted partial summary judgment:
Terminated a lease between the parties.
Ordered payment of approximately $20,000 in rent arrears.
Declared ownership of a bank account.
The appeal centers on whether this order is interlocutory or final.
Procedural Timeline:
Submissions on Order's Nature:
Respondent to submit arguments by November 29, 2024.
Appellants to respond by December 6, 2024.
Case Conference:
Scheduled for December 13, 2024, via Zoom.
Appeal Timeline:
Appellants to perfect the appeal by December 27, 2024.
Respondent's responding materials due by January 31, 2025.
Hearing expected in February 2025.
Key Issues:
Appellants are no longer in possession of the premises, making a stay of the original order potentially unnecessary.
Appellants raise issues about chattels left on the premises and a possible Certificate of Pending Litigation (CPL) concerning the Respondent's land. These matters are outside the scope of this appeal.
Judge questioned whether jurisdiction over the appeal lies with the Court of Appeal due to the nature of the order.
Additional Notes:
The court aims to expedite the appeal to minimize costs and protect the status quo.
Parties were advised to prepare for the possibility that the appellate panel may explore jurisdictional concerns regarding the Court of Appeal.
