Julia Farr Services Incorporated v Hayes

Julia Farr Services Incorporated (the appellant) sought an expedited hearing of its appeal against a decision concerning the estate of the respondent, Hayes. The core of the dispute revolved around whether the appellant was entitled to claim future economic loss for the respondent, given the possibility of the respondent's death before the appeal was heard.

The primary legal issue before the court was the extent to which an appeal should be expedited, particularly when the claim for future economic loss was contingent on the plaintiff surviving until the hearing. The court was required to balance the appellant's desire for a swift resolution against the practicalities of court scheduling and the potential impact on other litigants.

In determining the application for expedition, the court acknowledged the appellant's submission that the respondent's estate might not be entitled to future economic loss if the respondent died before the hearing. However, the court declined to grant expedition to the full extent sought, specifically refusing to hear the appeal during vacation or to displace other cases already scheduled. Instead, the court made orders for a tentative hearing in February 2003, with strict deadlines for the compilation of appeal books and the filing and service of written submissions by both parties. The costs of the expedition application were reserved to be costs in the appeal.