Ontario Hydro brought a motion to quash Denison Mines Ltd.'s appeal from an order dismissing its application for leave to appeal an arbitration award.
Ontario Hydro argued the order was interlocutory and thus not appealable to the Court of Appeal.
The Court of Appeal dismissed the motion to quash, finding that the appeal fell within an exception to the general rule against appealing leave decisions because the application judge allegedly declined jurisdiction.
Furthermore, the Court held that an order refusing leave to appeal under section 45 of the Arbitration Act, 1991 is a final order, not an interlocutory one, regardless of whether it was brought by application or motion.
