“The responding party applied for, but was denied, leave to proceed with his appeal. Section 140 of the [Courts of Justice] Act makes it clear that, in those circumstances, he had no right to institute or continue an appeal in this court:
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- s. 140(4)(e) provides that “no appeal lies from a refusal to grant relief to the applicant.”
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However, the responding party argues that, under rule 2.03 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, this court may, and should, dispense with compliance with the requirement that he obtain leave.
We do not accept this submission. Rule 2.03 provides that a court “may, only where and as necessary in the interests of justice, dispense with compliance with any rule at any time” (emphasis added). Rule 2.03 permits a court to dispense with compliance with the Rules of Civil Procedure. It does not authorize a court to dispense with compliance with the statutory leave requirement set out in s. 140 of the Act.”