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Motion for leave to appeal trial scheduling decision dismissed for failing to meet the required test.
The moving party sought leave to appeal from decisions directing that a trial on mobility and residential schedule commence shortly.
After being granted one extension of time to file her materials, the moving party requested a further extension.
The Divisional Court denied the further extension, noting the imminent trial date and lack of evidence supporting the need for an extension.
Based on the detailed notice of motion already filed, the court concluded the proposed appeal did not meet the test for leave to appeal under Rule 62.02 of the Rules of Civil Procedure.
The motion for leave to appeal was dismissed with no order as to costs.
Appeal of refusal to order repayment of child support overpayment dismissed.
The appellant appealed a motion judge's decision refusing to order repayment of an overpayment of child support.
The Court of Appeal dismissed the appeal, finding that the motion judge acted within his discretion in refusing to order repayment.