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.
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