How has the court considered a motion for leave to appeal a decision of the case conference judge staying a motion to change until outstanding costs have been paid?

In Lowry v. Kushnir, [2007] O.J. No. 2012 (S.C.), Turnbull J. considered a motion for leave to appeal a decision of the case conference judge staying a motion to change until outstanding costs orders of previous proceedings were paid. In holding that the applicant’s request for leave to appeal should be allowed, Turnbull J. noted the uncertain status of an otherwise procedural order which, in effect, determines the substantive right of one of the parties. In such circumstances, the court emphasized the importance of holding a full hearing on the merits before effectively terminating the rights of one of the parties. I find Turnbull J.’s thoughtful analysis of the issues before him helpful in my consideration of this matter.