The respondent moved to quash an appeal and a motion for leave to appeal from an order granting interim relief in an oppression action under the Canada Business Corporations Act.
The Court of Appeal held that the order was interlocutory, meaning leave to appeal was required.
The Court further held that under s. 249 of the CBCA, appeals from interlocutory orders lie to the Court of Appeal, not the Divisional Court.
The motion to quash the appeal was granted, but the motion to quash the motion for leave to appeal was dismissed.
