The applicant sought leave to appeal an order dismissing its motion to enforce a settlement agreement, and alternatively, leave to appeal the costs order.
The motion judge had found that there were material issues of fact regarding whether the applicant had sustained the alleged investment losses, which was a condition of the settlement.
The Divisional Court held there was no good reason to doubt the correctness of the motion judge's decision and no conflicting decisions on principle.
The application for leave to appeal both the substantive order and the costs order was dismissed.
