Court of Appeal for Ontario

Docket: M48177 (C64114)

Judges: Sharpe, Blair and Epstein JJ.A.

Between

Deltro Group Ltd. and Deltro Electric Ltd. Plaintiff (Appellant/Responding Party)

and

Potentia Renewables Inc. Defendant (Respondent/Moving Party)

Counsel

William Brock and Maureen Littlejohn, for the moving party

Michael Mazzuca, for the responding party

Heard and released orally: October 6, 2017

Reasons for Decision

[1] The respondents move to quash this appeal from the dismissal of a motion for an interlocutory injunction.

[2] In our view, the motion must be granted as the order is interlocutory in nature and therefore, the appeal is not within the jurisdiction of this court: Courts of Justice Act R.S.O. 1990, c. C.43, ss. 6(1)(b) and 19(1)(b).

[3] It is well established that the characterization of an order as being final or interlocutory depends upon its legal nature rather than its practical effect. Accordingly, even where the practical effect of refusing an interlocutory injunction may from a practical perspective effectively end some aspect of the litigation, the legal nature of such an order remains interlocutory for the purposes of appeal: Ontario Medical Association v. Miller, [1976] 14 O.R. (2d) 468.

[4] The request for a mandatory injunction to search and obtain documents was made within this action and the order dismissing that request is also interlocutory in nature for the purposes of appeal.

[5] The appellants express concern that the reasons of the motion judge determine the issue of confidentiality. We do not accept that submission. The reasons reflect a decision on the state of the record at the stage of the interlocutory injunction and do not conclusively determine the issue which remains open for trial.

[6] Accordingly, the appeal is quashed.

[7] Costs to the moving party fixed at $5,000, inclusive of taxes and disbursements.

Robert J. Sharpe J.A.

R.A. Blair J.A.

Gloria Epstein J.A.