The appellant appealed a Superior Court judgment authorizing the respondent, a Director appointed under the Canada Business Corporations Act, to summon witnesses for an examination on discovery in the context of an oppression remedy settlement.
The Court of Appeal dismissed the appeal, finding the interlocutory judgment was not appealable as of right.
The Supreme Court of Canada dismissed the appeal, holding that section 249 of the Act only permits appeals as of right for orders made pursuant to powers expressly conferred by the Act, not for interlocutory judgments rendered under suppletive provincial rules of civil procedure.
