Executive Summary: Key Legal and Evidentiary Issues

• Alliance Trucking sought leave to appeal an underlying order dated February 2, 2026.
   
• Gambacorta J.'s original order is not described in the endorsement itself.
   
• Divisional Court panel Matheson, Schreck, and O'Brien JJ. heard the motion in writing.
   
• No reasons for dismissal are provided in the endorsement.
   
• Costs were not awarded to either party.
   
• Willson Sand and Gravel opposed the motion as the responding party.

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Facts of the case

This matter arises from a motion for leave to appeal brought by 6641849 Canada Inc., operating as Alliance Trucking, against Lakeview Sand and Gravel Ltd., carrying on business as Willson Sand and Gravel. The motion sought leave to appeal an order made by Gambacorta J. on February 2, 2026. The motion was heard in writing by a panel of the Divisional Court consisting of Matheson, Schreck, and O'Brien JJ. The endorsement does not set out the facts underlying Gambacorta J.'s original order, the nature of the dispute between the parties, or the relief sought in that order.

Policy and legislative provisions at issue

The endorsement does not identify or discuss any specific policy terms, contractual clauses, or legislative provisions. No such information is available in the document.

Reasoning and analysis

The endorsement is brief and does not include any reasoning or analysis supporting the panel's decision. The court's determination is stated in a single sentence without elaboration on the legal test for leave to appeal or the basis for its application to the facts.

Ruling and overall outcome

The Divisional Court dismissed Alliance Trucking's motion for leave to appeal the February 2, 2026 order of Gambacorta J. Willson Sand and Gravel was the successful party on the motion. No costs were awarded, as the motion was dismissed without costs.