The appellant bank sought to appeal an order dismissing its motion to compel a third-party mortgagee to provide a mortgage discharge statement for property owned by judgment debtors.
The appellant argued that a previous binding decision was decided per incuriam.
The Court of Appeal quashed the appeal, finding it lacked jurisdiction because the motion judge's order was interlocutory, as the appellant could still seek to examine a representative of the third party under the Rules of Civil Procedure.
