The moving party, Toshiba of Canada Limited, sought leave to appeal an interlocutory order denying its motion for production of the Commissioner of Competition's internal inquiry commencement memorandum and for leave to cross-examine the affiant of an ex parte order.
The ex parte order required Toshiba to produce records under section 11 of the Competition Act.
The Divisional Court held that the underlying proceeding was criminal in nature, meaning the Criminal Proceedings Rules applied, which do not provide for an appeal of an interlocutory order.
The court also rejected the argument that the motion could be treated as a civil proceeding for declaratory relief under the Charter.
Consequently, the court found it lacked jurisdiction and denied leave to appeal.
