The moving parties sought an order determining whether leave was required to appeal a motion judge's order directing the purchase and sale of shares in an oppression application.
The Court of Appeal had previously transferred the appeal to the Divisional Court, finding the order was made under the Business Corporations Act.
The Divisional Court held that pursuant to the plain wording of s. 255 of the Business Corporations Act, an appeal lies directly to the Divisional Court from any order made under the Act, and therefore leave to appeal is not required.
