Judgment Released: March 29, 2011 Link to Judgment
A justice of the Superior Court certified a class action and granted partial summary judgment to the plaintiffs, on the same day. The defendant appealed both decisions. The defendant asked a justice of the Divisional Court to adjourn its motion for leave to appeal the certification until its appeal on summary judgment had been decided. The Divisional Court justice refused the request, holding that certification matters come first, since certification frames the proceedings, and without the certification order there can be no summary judgment.