The appellant sought to appeal a Superior Court decision denying him leave to appeal a family law arbitration award.
The respondent brought a motion to quash the appeal, arguing there is no right to appeal a denial of leave.
The Divisional Court reviewed conflicting jurisprudence and followed the general rule that an order refusing leave to appeal is not appealable, except in narrow circumstances where a judge mistakenly declines jurisdiction.
As the appellant did not allege the judge declined jurisdiction, the notice of appeal was quashed.
