The defendant insurer brought a motion for leave to appeal a summary judgment costs decision to the Divisional Court.
The underlying action involved a motor vehicle accident where the plaintiff claimed $1.5 million in damages.
The motion judge dismissed the motion for want of jurisdiction, finding that the proposed appeal did not fall within the monetary limits or other provisions of section 19(1) of the Courts of Justice Act governing the Divisional Court's jurisdiction.
No costs were awarded for the motion as the responding parties failed to address the jurisdictional issue.
