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.
