The defendants sought leave to appeal a trial judge's order of no costs, which was made after a 12-day jury trial where the plaintiff recovered no damages due to the statutory deductible and threshold motion.
The trial judge had relied on the plaintiff's impecuniosity to make the no costs order.
The Divisional Court dismissed the motion for leave to appeal, finding no strong grounds to believe the trial judge made an error in principle in exercising his discretion.
