The moving party brought a motion to quash the appellants' appeal from a judgment implementing a consent to judgment.
The Court of Appeal granted the motion to quash, noting that under section 133(a) of the Courts of Justice Act, an appeal from a consent order requires leave.
The appellants had improperly sought leave within their Notice of Appeal rather than bringing a motion in writing as required by Rule 61.03.1.
The appeal was quashed without prejudice to the appellants bringing a proper motion for leave to appeal.
