The appellant appealed the dismissal of an oppression application involving two closely held companies, one incorporated under the OBCA and the other under the CBCA.
The Divisional Court noted a jurisdictional issue, as appeals under the CBCA lie to the Court of Appeal, while OBCA appeals lie to the Divisional Court.
To avoid divided jurisdiction, the Divisional Court transferred the CBCA appeal to the Court of Appeal pursuant to s. 110 of the Courts of Justice Act and adjourned the OBCA appeal to allow the appellant to seek a transfer of that matter to the Court of Appeal under s. 6 of the Courts of Justice Act.
