Matthew J. Latella

The moving parties sought to quash the responding party's appeal of an order validating service of an application record.

The responding party, a foreign state, argued the order was final because it determined substantive rights regarding state sovereignty and the Hague Convention.

The Court of Appeal held that the order validating service was procedural and interlocutory, as it did not finally dispose of the dispute or deprive the responding party of substantive defences.

The motion was granted and the appeal was quashed.

The plaintiff brought a motion for an interim order to recover an aircraft engine owned by the Government of Taiwan, which had been sent for overhaul.

The defendants, who acted as middlemen, had the engine shipped to Canada and detained it, claiming a repairer's lien and demanding security.

The court found that the plaintiff was entitled to possession, the defendants had unlawfully detained the engine, and the defendants were not entitled to a lien as they did not perform any repairs.

The court ordered the immediate return of the engine without requiring the plaintiff to post security.