In The Morgan Investments Group Inc. et al. v. Adi Development Group Inc. et al., 2025 ONSC 5346 (Div. Ct.), Justin Nasseri, Avi Bourassa, and Viktor Nikolov won a motion to quash an appeal from an urgent, interlocutory injunction they secured for our client earlier this year. The appellant attempted to appeal from the injunction order of Justice Steele as of right on the basis that the injunction was ordered pursuant to s. 248 of the Ontario Business Corporations Act, and that s. 255 of the Act provides that an appeal lies to the Divisional Court from an order made under the OBCA. The Divisional Court agreed with the Ross Nasseri team’s submission that s. 255 provides an appeal as of right only to final orders, and not interlocutory ones. As the injunction was interlocutory in nature, the appellants had to have sought leave to appeal. Moreover, the Divisional Court agreed with the submission that the appeal was moot, since Justice Black had rendered a final decision in the matter.
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Justin Nasseri, Avi Bourassa, and Viktor Nikolov successfully move before the Divisional Court to quash an appeal from an injunction they obtained in The Morgan Investments Group Inc. v. Adi Development Group Inc. et al.
Posted on: October 02, 2025
