What is the test for appealing an interlocutory order?

Ontario, Canada


The following excerpt is from Law Society of Upper Canada v. Mary Martha Coady, 2007 ONLSAP 13 (CanLII):

Central to many of the issues below is the sometimes difficult distinction between interlocutory and final orders. It will be helpful at the outset to state that the test for whether an order is interlocutory or final rests on whether the order finally disposes of a party's substantive matters or rights. If it does, then the order is final and capable of being appealed. If it does not, then the order is interlocutory and not capable of being appealed (unless a statute provides otherwise). There are two main reasons for this. First, if interlocutory orders could be immediately appealed, the hearing process would soon grind to a halt. Button v. Jones (2004), 2004 CanLII 34929 (ON SC), 73 O.R. (3d) 364, p. 2. Second, the final order might resolve or make moot all such issues to everyone's satisfaction. Thus, until substantive matters or rights are finally disposed of by a tribunal, no appeal is available.

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