The Plaintiff, Ms. Bull, requested a formal Order from the Court reflecting certain rulings made during Trial that were being appealed to the Court of Appeal prior to the conclusion of a Trial.

Lee J. referred to recent case law from the B.C. Court of Appeal which stated that evidentiary rulings made in Trial typically do not give rise to formal Orders. This is because the entering of formal Orders would preclude a Trial Judge from revisiting evidentiary rulings if the evolving circumstances of a Trial warrant reconsideration. Lee J. also noted that Rule 14.5(1)(c) prohibits an Appeal of rulings made during Trial when the Appeal is brought before the Trial has concluded.

Nevertheless, Lee J. granted the Plaintiff’s Application for a formal Order, but noted that such an Order is generally not appropriate in these circumstances. Lee J. reasoned that a formal Order may be helpful in this case because the rulings at issue involved contentious Applications going to the scope of the Claim. Moreover, as the Parties agreed on the questions being appealed, no problem or confusion would arise from issuing a formal Order.