Can a motion for leave to appeal be denied?
Ontario, Canada
The following excerpt is from Fanshawe v Hitachi, 2017 ONSC 2791 (CanLII):
However, as the defendants observe, the plaintiff made a similar argument on a motion for leave to appeal in Fanshawe College v. Philips, which was rejected by Rady J. Waiting it out with the potential to “re-work” the certification pending appellate decisions could result in onerous and costly discovery and trial processes proceeding unnecessarily, creating a significant waste of time and resources.
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