The applicant wife sought leave to appeal an interlocutory order dismissing her motion for summary judgment for the partition and sale of a jointly owned cottage.
The motion judge had found a genuine issue for trial regarding whether the application was vexatious, given the wife's admitted vandalism of the property.
The Divisional Court dismissed the motion for leave to appeal, finding no conflicting decisions and no good reason to doubt the correctness of the motion judge's order.