The respondent moved to quash the appellant's appeal from an interlocutory order of a Master staying an oppression application under the OBCA.
The respondent argued the appeal was out of time under Rule 62.01, while the appellant argued the appeal was governed by s. 255 of the OBCA, which provides an appeal to the Divisional Court.
The court held that an appeal from a Master's interlocutory order under the OBCA lies to a single judge of the Divisional Court by analogy to Rule 62.01.
Although the appeal was out of time, the court extended the time to appeal due to the novel procedural issue and dismissed the motion to quash.
