Background:

• Underlying Dispute:
  • William Cooper, a former employee of 1555638 Ontario Inc. o/a Framatome Canada Ltd., alleges wrongful dismissal and claims unpaid royalties related to his inventions.
  • Upon termination, Mr. Cooper delayed returning his company laptop, retaining 922 documents, including communications claimed to be privileged.
  • Framatome Canada sought the return, inspection, and deletion of these documents.
• Prior Order:
  • Associate Justice Frank ordered Mr. Cooper to produce documents and reattend for cross-examination, rejecting claims that the motion was abusive or improperly sought pre-pleading disclosure.

Appeal Issues:

1. Jurisdiction:

   • Framatome Canada argued the order was interlocutory, thus appealable only to the Superior Court of Justice under s. 17(a) of the Courts of Justice Act (CJA).
   • The court agreed, confirming the associate judge’s order was interlocutory, as it did not finally determine the rights of the parties.

2. Transfer of Appeal:

   • Mr. Cooper sought to transfer the appeal to the appropriate court under s. 110 of the CJA.
   • The court found merit in allowing the transfer, citing:
     • The appeal was not frivolous.
     • No undue prejudice to Framatome Canada.
     • The appeal was filed within the proper timeframe for the wrong court and could still be considered timely.

Rulings:

• Jurisdiction:
  • The appeal could not proceed in the current court as the associate judge’s order was interlocutory.
• Transfer:
  • The appeal was transferred to the Superior Court of Justice. It must be filed within 7 days to be considered timely.
• No definite successful party.

Costs:

• Costs of both motions were reserved to the judge hearing the appeal.