The moving party sought leave to appeal to the Divisional Court from a motion judge’s dismissal of its summary judgment motion in a commercial dispute arising from an aborted generator sale.
The underlying action alleged breach of contract, misrepresentation, and unjust enrichment against corporate defendants involved in the project.
Applying Rule 62.02 of the Rules of Civil Procedure, the court held that leave to appeal should only be granted in strict circumstances, requiring either a conflicting decision on a matter of principle or serious doubt about the correctness of the order combined with issues of public importance.
The court found that the motion judge’s decision involved factual disputes, credibility assessments, and discretionary determinations properly reserved for trial.
The moving party failed to demonstrate a conflicting decision, a serious doubt about correctness, or broader issues warranting appellate review.
