The moving party brought a motion for leave to appeal an order of an Associate Judge to the Divisional Court.
The Divisional Court quashed the motion, noting that under section 17 of the Courts of Justice Act, an appeal from an Associate Judge's order lies as of right to a Superior Court Judge, not the Divisional Court.
Reduced costs of $1,000 were awarded to the responding party because they failed to use Rule 2.1 to dispose of the motion summarily.
