The respondents brought a motion for an order declaring that the appellants required leave to appeal a costs order under s. 133(b) of the Courts of Justice Act.
The appellants argued that leave was not required because the costs were not discretionary, relying on Rule 49.07(5) regarding accepted offers to settle.
The court dismissed the respondents' motion, finding the appellants raised an arguable issue, but did so without prejudice to the respondents raising the leave issue at the hearing of the appeal.
