The test for leave under rule 62.02(4)(b) requires a determination that there is good reason to doubt the correctness of the order of Jenkins J. and that the proposed appeal involves matters of such importance that leave should be granted. The conditions for granting leave are conjunctive. I have reviewed all the facts raised by the parties in their factums and oral arguments. I do not doubt the correctness of the order of Jenkins J. I find that the motions judge properly exercised his equitable discretion when he refused to order a certificate of pending litigation in the subject circumstances. Also, the matter in dispute is relevant only to the litigants and the central issue is a claim for damages under a lease. The issue raised is not relevant to the development of the law or the administration of justice (Greslik v. Ontario Legal Aid Plan (1988), 65 O.R. (3d) 110 (Div. Ct.) at pp. 112-113 per Callaghan A.C.J.H.C.).
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