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Appeal of order dismissing OBCA derivative action motion transferred to Divisional Court for lack of jurisdiction.
The appellants appealed an order dismissing their motion for leave to commence a derivative action under the Business Corporations Act (OBCA) as statute-barred.
The Court of Appeal determined it lacked jurisdiction to hear the appeal, as section 255 of the OBCA directs appeals of orders made under the Act to the Divisional Court.
The appeal was transferred to the Divisional Court.