The moving party, a commercial tenant, sought leave to appeal a decision dismissing its summary judgment motion.
The underlying motion sought an order requiring the respondent landlord to indemnify the tenant for a personal injury claim arising from a slip and fall on ice in a common area, pursuant to a commercial lease.
The Divisional Court dismissed the motion for leave to appeal, finding no conflicting decisions and no reason to doubt the correctness of the motions judge's interpretation of the lease's indemnity and insurance provisions.
