Wednesday, September 4, 2013

A factor on leave to appeal is delay below

Manning v. Society of Notaries Public of British Columbia, 2013 BCCA 386 holds that, among other things, a factor on leave to appeal applications is whether the trial below will be delayed:

[21]        It is obvious that an appeal of the judge's refusal to proceed summarily is likely to hinder the progress of the action.  Whether the Supreme Court will take steps to delay the case based on its relationship with other proceedings is a matter for that court, but I do not think it appropriate for this Court to cause such delay.

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