The appellant sought to examine a non-party expert witness residing in British Columbia prior to an application hearing, but the motion judge dismissed the request for an interprovincial summons.
The respondent moved to quash the appeal, arguing the order was interlocutory.
The Court of Appeal dismissed the motion to quash, holding that an order finally disposing of an issue between a party and a non-party is a final order.
However, the Court dismissed the appeal on the merits, finding no palpable and overriding error in the motion judge's conclusion that the expert's evidence was not necessary for the due adjudication of the proceeding under the Interprovincial Summonses Act.
