CIVIL PROCEDURE — Appeals — Quashing or dismissal of

Law360 Canada ( July 30, 2024, 1:39 PM EDT) -- Application by respondents for order to quash Badela’s appeal. Multiple applications were brought by the parties as a result of a single motor vehicle accident involving Badela and Donald. The parties asked a trial court judge to rule on the sequencing of the applications. The judge then considered the sequencing application in light of the larger context of judicial economy, procedural efficiency, and fairness to all parties. Ultimately, the judge determined the respondents’ applications should be heard first, and Badela’s applications stayed pending the hearing of the respondents’ applications (“Sequencing Order”). Badela filed his notice of appeal. The parties settled the terms of the order. The respondents’ counsel wrote to the Registrar to request that their application to quash the appeal be heard prior to the hearing of the appeal. The respondents contended that the order under appeal was a discretionary procedural decision, which was not appealable at this stage of the proceedings. Badela contended that the Sequencing Order was appealable. Badela opposed the application to quash and asked that it be dismissed so that the appeal could proceed....
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