The appellants appealed an application judge's discretionary decision to order the sale of a property rather than its partition, and brought a motion to introduce fresh evidence.
The Divisional Court dismissed the motion for fresh evidence, finding it could have been obtained prior to the hearing with reasonable diligence.
The appeal was also dismissed, as the appellants failed to identify any error of law or palpable and overriding error of fact in the application judge's conclusion that an order for sale was appropriate given the number of owners and the nature of the land.
