The moving party sought leave to appeal an order dismissing its summary judgment motion in a personal injury action arising from an assault that occurred after the plaintiff left a restaurant.
The proposed appeal argued that no duty of care was owed and that the harm was not reasonably foreseeable, particularly because the assault occurred off-premises.
Applying r. 62.02(4) of the Rules of Civil Procedure, the court held there was no good reason to doubt the correctness of the order under appeal.
The court further held that it was not appropriate at this interlocutory stage to grant leave merely to obtain appellate guidance on the law, where the matter would proceed to trial.
