The moving party brought a motion for a stay and for leave to appeal an order of the lower court.
The Divisional Court dismissed the motion for a stay and leave to appeal paragraph 3 of the order.
However, the court granted leave to appeal paragraphs 1 and 2 regarding whether the motions judge erred in deciding an evidentiary issue on a final basis.
Costs of $7,200 were awarded to the responding party.
