Well, the decision of the Ontario Court of Appeal was.
The decision of the Quebec Court of Appeal straddled D.B. So the Court of Appeal in Quebec decided prior to D.B. There was, however, a leave application to the Supreme Court of Canada after D.B., and the Supreme Court refused leave. So if the Supreme Court had thought that the Quebec Court of Appeal got it wrong with respect to the test, that was the perfect opportunity to tell them so, and they didn't.