1. Key takeaways
Discretionary review under Rule 220.3 RoP requires demonstrating manifest error or a fundamental question of law with systemic implications purely case.
The Court of Appeal confirmed the standard established in earlier decisions: discretionary review is available only where the contested order is manifestly erroneous or raises a fundamental legal question with broader implications for the uniform interpretation of the RoP. Questions tied exclusively to the specific facts of the case do not meet this threshold.
A commitment to withdraw a final damages claim does not preclude a provisional damages claim under R. 119 RoP if the applicable procedural order preserved that option.