The plaintiff appealed the dismissal of its motion for a declaration that the defendant was in contempt of court for failing to preserve electronic records.
The defendant moved to quash the appeal to the Court of Appeal for lack of jurisdiction, arguing the order was interlocutory.
The Court of Appeal granted the motion to quash, holding that an order dismissing a contempt motion is interlocutory because the merits of the case remain to be determined, and therefore the appeal lies to the Divisional Court with leave.
