Appeal Routes

The CBCA prescribes certain appeal routes in oppression remedy cases. These routes conflict with the Rules. Which route governs?

Today's Court of Appeal decision in Georgian Windpower Corporation v. Stelco Inc., 2008 ONCA 542 suggests that, if the claim is solely in oppression, the CBCA governs but if other actions are joined the Rules likely govern -- depending on the real focus of the claim. If the claim is in substance for oppression the CBCA governs but if it is not the Rules govern.

The Court holds:

[11] Third, this action, as the master found, is at its core not an oppression action under the CBCA. There are nine causes of action in the statement of claim – only one is brought under the CBCA. Moreover, that claim, based on the oppression section of the CBCA, is contingent on success on the other non-CBCA causes of action. To route the appeal through the appeals process for an "oppression" action under s. 249(2) of the CBCA would be as Mr. Finlay, counsel for Stelco, put it: "allowing the tail to wag the dog".