The respondents brought a motion to quash an appeal to the Divisional Court from an order dismissing the appellants' application as an abuse of process.
The appellants argued the appeal belonged in the Divisional Court because the original proceeding was brought under the Business Corporations Act.
The court determined that the 'lynchpin' of the underlying application was a claim for breach of a joint venture agreement, not a corporate remedy.
Consequently, the order appealed from was a final order disposing of contractual claims, meaning the appeal properly lies to the Court of Appeal under section 6(1)(b) of the Courts of Justice Act.
The motion to quash was granted.
