J. Perry Borden

The appellant appealed the judgment of the motion judge.

The Court of Appeal found no merit in the appeal, agreed with the motion judge's reasons, and dismissed the appeal with costs awarded to the respondent.

The appellants, previously found to be vexatious litigants, sought leave to bring an application under s. 140(3) of the Courts of Justice Act.

The motion judge dismissed their requests.

The appellants attempted to appeal these dismissals.

The Court of Appeal quashed the appeals, holding that s. 140(4)(e) of the Courts of Justice Act clearly and unambiguously precludes any appeal from a refusal to grant leave under s. 140(3).