The appellant appealed an order dismissing its motion to stay the respondent's action on jurisdictional grounds.
The respondent moved to quash the appeal, arguing the underlying order was interlocutory.
The Court of Appeal granted the motion to quash, finding that the motions judge had dismissed the stay motion without prejudice due to an insufficient record, meaning the order did not finally determine the appellant's right to a stay.
As the order was interlocutory, any appeal lay to the Divisional Court with leave.
