The respondent brought a motion for leave to appeal an interlocutory order and sought to adduce fresh evidence on the motion.
The Divisional Court dismissed the motion to adduce fresh evidence, finding it did not satisfy the Palmer test as it was not relevant to the test for granting leave to appeal.
The motion for leave to appeal and requests for ancillary relief were also dismissed.
Costs of $10,000 were awarded to the responding party.
