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Motion for leave to appeal dismissed after Court of Appeal determined the underlying order was final.
The moving parties sought leave to appeal an order of C.M. Smith dated December 10, 2025.
After being advised that the Court of Appeal determined the underlying order was a final order, the Divisional Court dismissed the motion for leave to appeal and ordered no costs.
Motion to quash denied; order refusing leave to amend pleadings to add civil fraud is final.
The moving party brought a motion to quash the insurers' appeal of an order denying them leave to amend their pleadings to add the defence of civil fraud.
The moving party argued the order was interlocutory and should be appealed to the Divisional Court.
The Court of Appeal held that an order refusing leave to amend a pleading to advance a new substantive defence is a final order.
Because the order foreclosed the insurers' ability to assert the distinct defence of civil fraud, the appeal properly lies to the Court of Appeal.
The motion to quash was denied.
