Craig Aitken

The moving party brought a motion for leave to appeal the decision of the lower court judge.

The Divisional Court dismissed the motion for leave to appeal.

No costs were ordered as no costs outline was uploaded to Case Center.

The moving party sought leave to appeal an order setting aside a Certificate of Pending Litigation (CPL) and an interlocutory injunction regarding a $37 million real estate transaction.

The moving party requested a stay of the order to keep the CPL in place pending the leave motion.

To avoid the time and expense of a contested stay motion, the court used its case management powers to expedite the motion for leave to appeal and granted an interim stay, conditional upon the moving party providing a $5 million undertaking in damages.

The moving parties brought a motion for leave to appeal an order of McSweeney J. dated May 31, 2023.

The Divisional Court dismissed the motion for leave to appeal and ordered the moving parties to pay costs of $5,000 to the responding parties.