The defendant sought leave to appeal an order requiring it to pay $310,500 into court pursuant to Rule 45.02.
The defendant argued there was good reason to doubt the motion judge's finding that a specific fund existed and had not been commingled.
The Divisional Court dismissed the motion for leave, finding the motion judge reasonably concluded that $310,500 remained directly traceable to the original fund and had not been commingled.
The court found no conflicting decisions and no good reason to doubt the correctness of the order.
