The appellant was charged with several criminal offences.
The Ontario Securities Commission obtained a production order for the appellant's accounting and taxation files.
The appellant claimed solicitor-client and litigation privilege over the documents, which the application judge largely rejected.
The appellant appealed to the Court of Appeal.
The Crown brought a motion to quash the appeal on the basis that the matter was criminal and no appeal route existed under the Criminal Code.
The Court of Appeal agreed, finding the production order was directed at the enforcement of a criminal order, and quashed the appeal for want of jurisdiction.