Maclean v Brylewski

The appeal concerned a dispute between Maclean and Brylewski. The primary issue before the Court of Appeal was whether the court below was obliged to schedule a hearing for a notice of motion before the date fixed for the final hearing of the substantive proceedings. Leave to appeal was sought from the decision of the court below.

The central legal question before the Court of Appeal was one of procedural fairness. Specifically, the court had to determine whether the failure to list the notice of motion for hearing prior to the final hearing constituted a breach of procedural fairness, thereby vitiating the proceedings or requiring a different outcome.

The Court of Appeal, comprising Ward P, White and Brereton JJA, refused leave to appeal. The court's reasoning, though not detailed in the provided text, implicitly found that the court below was not bound to fix a date for the notice of motion hearing before the final hearing. This suggests an understanding that the scheduling of interlocutory matters is within the discretion of the trial judge, and that such discretion, when exercised, does not necessarily offend the principles of procedural fairness, particularly if the substantive hearing itself afforded a fair opportunity to address the issues.

The summons filed on 30 August 2022 seeking leave to appeal was refused, with costs ordered in favour of the respondent.