The defendants in an oppression action brought a motion to vary an order of a Superior Court judge who had dismissed their motion for leave to appeal an interlocutory order.
The moving party relied on s. 21(5) of the Courts of Justice Act.
The Divisional Court quashed the motion for want of jurisdiction, holding that s. 21(5) only permits a panel to vary a decision of a judge who has heard a motion in the Divisional Court, not a Superior Court judge acting in a gatekeeper capacity for leave to appeal.
