Angela Salvatore

The plaintiffs brought a consolidated motion for leave to appeal five orders of the motion judge.

The Divisional Court dismissed the motions for leave to appeal.

The court awarded costs of $5,000 to a non-party student who reasonably participated in the motion.

The court also awarded elevated costs of $20,000 to the defendants, noting the plaintiffs filed voluminous materials of over 4,500 pages and improperly adduced fresh evidence through counsel's affidavits.

The moving parties sought to object to the responding parties including their factums from the court below in their motion record for leave to appeal.

The Divisional Court issued a supplementary endorsement clarifying that anything before the court below may form part of the record on a motion for leave to appeal, and there was nothing improper about including the factums.

The court declined to reconsider its decision on the motion for leave to appeal, noting that its decision did not turn on the responding parties' factums.

The moving parties brought a motion for leave to appeal two interlocutory orders.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding parties.