Matthew C. Madott

The respondent was successful in defeating the appellant's motion for leave to appeal an interlocutory order dismissing a stay motion.

The respondent sought costs of $8,026.68 for the motion and additional costs for the appeal that was commenced as of right before the appellant realized leave was required.

The court noted the underlying action was a Rule 76 claim for $22,000 in unpaid rent, making the costs claimed disproportionate.

The court awarded partial indemnity costs, fixing the costs of the motion at $3,700 and the costs of the abandoned appeal at $1,800.

The defendant tenant sought an extension of time and leave to appeal a decision dismissing his motion to stay the plaintiff landlord's action for unpaid rent.

The tenant argued the dispute should be arbitrated pursuant to a shareholder agreement.

The court granted the extension of time but denied leave to appeal, finding no conflicting decisions and no good reason to doubt the correctness of the motion judge's conclusion that the rent dispute arose solely under the lease, which contained no arbitration clause.