What authority has been identified and what is the test for appealability of an order where the authority was not identified?
British Columbia, Canada
The following excerpt is from Teal Cedar Products Ltd. v. Mashari, 2021 BCCA 353 (CanLII):
We are referred to Kasian Estate v. Kasian, 2021 BCCA 273, following Araya v. Nevsun Resources Ltd., 2019 BCCA 104. In Araya, the authority for the order was not identified and the single judge addressed the alternative theories that it was made under Part 7, referred to in this court’s R. 2.1(a)(ii), or that it was made under the inherent jurisdiction of the court. He concluded that because the order had engaged a broad consideration of waiver of privilege, it was made under the inherent jurisdiction of the court, not Part 7, and was appealable as of right.
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