The moving party, a third-party subcontractor, sought leave to appeal an interlocutory order dismissing its motion for summary judgment.
The underlying action involved a claim for damages resulting from severed power cables during demolition work.
The moving party argued that a full and final release barred the third-party claim for contribution and indemnity.
The Divisional Court dismissed the motion for leave, finding no conflicting decision and no good reason to doubt the correctness of the motions judge's conclusion that a trial was required to determine the parties' intentions regarding the release.
