Counsel for the moving party says that there is reason to doubt the correctness of the decision. In considering this proposition, it is important to remember the question that is to be answered. It is not for the judge considering the motion for leave to appeal to determine whether the decision is right or wrong, but whether the “correctness of the order is open to very serious debate” (see: Ainslie v. CV Technologies Inc.,  O.J. No. 730 (S.C.J.), at para. 12). The argument is that the financial statements ordered to be produced are not relevant to the issues raised on the motion for summary judgment.
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