The moving party Estate sought leave to appeal two final discretionary cost orders that dismissed its motion for costs against the impecunious respondent and her former lawyer personally.
The motions judge had found the respondent was unable to pay and that the lawyer, who acted pro bono for a limited time, did not act frivolously or vexatiously.
The Divisional Court dismissed the motion for leave, finding no error in principle and that the motions judge's decision was not plainly wrong.
