The defendants sought leave to appeal an order dismissing their motion for summary judgment and awarding the plaintiff $81,955.05 in costs.
The underlying action involved claims of software copyright infringement, which the defendants argued were barred by a quitclaim and the expiry of the limitations period.
The Divisional Court dismissed the motion for leave to appeal, finding no error in the motion judge's conclusion that the limitations and quitclaim issues required a trial to resolve credibility concerns.
The court also declined to grant leave to appeal the costs award, finding the motion judge reasonably inferred the plaintiff's costs based on the disparity between the parties' costs outlines.
