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Motion for leave to appeal dismissed with costs.
The moving party brought a motion for leave to appeal an order dated December 17, 2025.
The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding parties in the amount of $5,000 inclusive.
Leave to appeal discretionary costs order under the Construction Act is required and was denied.
The appellants sought to appeal a decision declining to award costs against a law firm under s. 86(1)(b)(i) of the Construction Act.
The Divisional Court held that leave to appeal was required under s. 133(b) of the Courts of Justice Act because the appeal was solely regarding discretionary costs, and the costs order did not constitute a 'judgment' under s. 71 of the Construction Act.
Finding that the test for leave was not met, the court denied leave and dismissed the appeal.
