In a CCAA proceeding, the appellant sought to enforce a Memorandum of Agreement to purchase the debtor's assets after missing a deadline.
The motion judge found the agreement had expired.
The respondents moved to quash the appeal on the basis that leave was required under s. 13 of the CCAA.
The Court of Appeal held that leave was required because the order was made under the CCAA.
The Court dismissed the appellant's cross-motion for leave to appeal, finding no basis to interfere with the motion judge's findings on expiration and estoppel, and concluding the proposed appeal lacked significance to the practice.
