The respondents moved to quash an appeal brought to the Court of Appeal for Ontario on the basis that the appellant was seeking to appeal interlocutory orders of the Superior Court of Justice, which should have been appealed to the Divisional Court with leave.
The appellant sought to appeal orders made by Justice Lynne Leitch and Justice A. Duncan Grace, including an order transferring a judicial review application to the Divisional Court and a costs order of $10,000.
The Court of Appeal found it lacked jurisdiction to hear the appeal and granted the motion to quash, awarding nominal costs of $2,000 to the respondents.
