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TELUS International (Cda) Inc. v Middleton
canada, canadian, case law, court opinion, canlii, bcca, 2026bcca377, 2026 bcca 377 (canlii), 2026, bcca, 377, (canlii), ca50998, 2026, procedure, class proceedings, sequencing order, appeal from case management judge’s sequencing decision, petition for leave under s. 140.8 of the securities act and certification under the class proceedings act scheduled sequentially in the same hearing, judicial efficiency and timely resolution emphasised, appeal dismissed, procedure, class proceedings, sequencing framework, whether jean coutu framework applies to sequencing leave petition and certification application, discretionary, context, specific, multi, factorial approach affirmed, “threshold” character of leave not determinative, sequencing order upheld, appeal dismissed, procedure, appellate review, discretionary decision, whether undue weight placed on delay from separate appeals, deferential standard for case management judge’s discretion, reviewable error and clear injustice, balancing of inefficiency and wasted work against likely delay, weighing not unreasonable, appeal dismissed, securities, secondary market liability, leave requirement, securities act, s. 140.8 and s. 140.3, whether secondary market claim is a legal nullity until leave and therefore must be determined before certification, conditional pleading with originating petition distinguished, leave as gatekeeping role not bar to sequential same, hearing adjudication, appeal dismissed
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