DUNN v CONDOMINIUM CORPORATION NO 042 0105

Justice Watson considered an Appeal in which the underlying claim amount was under $25,000.00 and therefore engaged Rule 14.5(1). Pursuant to Rule 14.5(1)(g), the Parties required permission to Appeal. Justice Watson considered the common law test for permission to Appeal; namely, whether the Appeal had a reasonable prospect of success and whether there is an issue of law or jurisdiction that has public importance. Justice Watson found both branches of the test were met and ultimately granted permission to Appeal under Rule. 14.5(1).