Plaintiffs claimed defendants deprived them of their interest in corporations. Claim was subject of bifurcation order whereby determination of plaintiffs’ request for declarations as to their rights was split from their request for remedies related to any declared rights. Declaration was made that plaintiffs had one-third interest in corporations and in all monies, benefits and opportunities withdrawn or diverted directly or indirectly from those corporations. Defendants were ordered to make interim payments to plaintiffs pending later trial to determine what further remedies were available to plaintiffs. Defendants appealed. Plaintiffs brought motion to quash appeal for want of jurisdiction. Motion dismissed. Order under appeal was final. It was not appeal under Ontario Business Corporations Act to which s. 255 applied requiring appeal to Divisional Court. Appeal was not devoid of merit.
Buccilli v. Pillitter (2016), 2016 CarswellOnt 16393, 2016 ONCA 775, E.A. Cronk J.A., Paul Rouleau J.A., and Grant Huscroft J.A. (Ont. C.A.).