The Court of Appeal for Ontario heard a motion to quash an appeal.
The underlying order, which was the subject of the appeal, concerned the validity of service on the appellant.
The Court determined that orders relating to the validity of service are interlocutory, and therefore, the Court of Appeal lacked jurisdiction to hear the appeal.
The motion to quash was allowed, and the appeal was quashed.
The Court noted that the appellant should not be prejudiced by the delay in bringing the matter before the Divisional Court, and counsel for the respondent agreed not to object to a timely extension of time for a motion for leave to appeal in the Divisional Court.