The defendants brought a motion for leave to appeal a decision dismissing their motion for summary judgment.
The underlying action involved claims of conspiracy and unlawful interference against the defendants, who acted as opposing counsel in a prior oppression proceeding that settled.
The court granted leave to appeal under Rule 62.02(4)(ii), finding good reason to doubt the correctness of the motions judge's decision due to a failure to provide sufficient reasons addressing whether the action was frivolous and vexatious, and determining the issue was of sufficient public importance.
