The plaintiffs brought a motion in the Superior Court for injunctive relief to restrain the defendants from dealing with a property, pending a motion for leave to appeal to the Court of Appeal.
The court declined jurisdiction, finding that the Court of Appeal, under section 134(2) of the Courts of Justice Act, was the proper forum to hear motions for interim relief pending an appeal or leave to appeal.
The Superior Court emphasized that the appellate court is in the best position to determine the merits of the underlying appeal, which is a key factor in granting interim relief.
The motion was therefore transferred to the Court of Appeal.
