The plaintiffs sought leave to appeal an interlocutory order transferring three related actions to the Commercial List.
The plaintiffs argued that the actions, which alleged negligence against the defendants for their involvement in mining operations in Ecuador, were not commercial in nature.
The Divisional Court dismissed the motion, finding no good reason to doubt the correctness of the motion judge's discretionary decision to transfer the actions, as the pleadings relied on commercial statutes and raised issues of corporate governance.
The court also found that the proposed appeal did not involve matters of general public importance.