Litigation produces winners and losers. Often, the loser feels that the judge got it wrong and appeals the decision accordingly.
In some cases even the winner thinks that it should have received a decision more favourable than it did and that an appeal is an appropriate route to take.
In a recent case, both the winner and the loser of a summary judgment motion thought that the motion judge got it wrong, and both sought leave to appeal.
More surprising than the fact that both sides think the judge got it wrong, is that the Divisional Court denied leave to appeal for both parties.
The decision demonstrates just how onerous it can be to obtain leave to appeal to the Divisional Court in Ontario.