2 total
Motion for leave to appeal dismissed with $5,000 in costs to the responding party.
The moving party brought a motion for leave to appeal an earlier order.
The Divisional Court dismissed the motion for leave to appeal and awarded costs of $5,000 to the responding party.
The court also directed the responding party to bring this endorsement and a prior case management direction to the attention of the judge hearing the upcoming application for directions.
Notice of appeal and judicial review struck; vague order for retrieval of personal property stayed.
The self-represented moving party in an estate administration dispute sought to appeal and judicially review an interlocutory order of a Superior Court judge.
The Divisional Court struck the application for judicial review, noting it lacks jurisdiction to review decisions of a Superior Court judge.
The court also struck the Notice of Appeal, as the underlying order was interlocutory and required leave to appeal.
The court stayed a paragraph of the underlying order that vaguely permitted the responding party to retrieve personal belongings, finding it unenforceable.
The court also clarified that provisions waiving privilege and confidentiality were subject to the rights of non-parties to raise objections.