NOVA Chemicals Corporation (“NOVA”) applied for a determination of whether it needed permission to appeal several Pre-Trial matters and sought a Stay of Proceedings in the Court below. The Court considered Rule 14.5(1)(c) and held that permission was not required for the first two grounds, as they involved a separate phase of the Trial. However, Rule 14.5(1)(b) applied to the third ground, and thus the Court found that permission to appeal was required for this issue as it involved Pre-Trial timing Orders. Permission to appeal on the third ground was ultimately denied, with the Court noting that the matters raised were fact-specific and did not have broader precedential value.

NOVA also sought a Stay of Proceedings under Rule 14.48. The Court applied the
RJR-MacDonald test, which examines whether there is a serious question to be tried, the possibility of irreparable harm, and whether the balance of convenience favours the Stay. The Court found that NOVA had not demonstrated irreparable harm or that the balance of convenience supported granting the Stay. Consequently, the Application to Stay Proceedings was denied.

The Court did not find it necessary to delve deeply into the mechanics of Rule 14.38 beyond denying permission for NOVA’s expedited hearing date. Other procedural requests were adjourned. Costs were awarded to Dow Chemical Canada as it was largely successful in the Applications.