14 Sep A Tale of Two Orders: Final or Interlocutory? The Advocates’ Quarterly (2020), 51 Adv. Q, p 110 (September 2020)
Author: Nikolay Y. Chsherbinin
Source: The Advocates’ Quarterly (Canada’s preeminent legal publication and a widely recognized source of civil litigation information and guidance), Volume 51, Issue 1, p 110.
Synopsis: The determination of whether an order is “final” or “interlocutory” is a legal minefield for both novice and experienced counsel. The distinction between the orders is of crucial importance, because it confers substantively different procedural rights. There is a vexing lack of consistency in jurisprudence and no statutory pronouncement regarding how to classify orders for the purposes of determining the appropriate appeal route. This article embarks on the ambitious task of tackling the distinction between “final” and “interlocutory” orders. It deals exclusively with appeals arising out of civil proceedings. While its focus is on the Ontario appellate jurisprudence, the article offers a comparison with the appellate jurisprudence from other provinces.
Publisher: Thomson Reuters Canada Limited
Copyright: The article is subject to Thomson Reuters Canada Limited’s copyright and cannot be reproduced on our website, at this time.