Does Scottish & York need leave to appeal an interlocutory order regarding liability?

Newfoundland and Labrador, Canada


The following excerpt is from Scottish & York Insurance Co. Limited v. Drover, 2014 NLCA 31 (CanLII):

Scottish & York does not require leave to appeal since the order regarding it was not interlocutory but rather a final one regarding liability. In distinguishing interlocutory from final orders, Marshall J.A. for this Court in U.F.C.W., Local 1252 v. Cashin (1994), 124 Nfld. 7 P.E.I.R. 201, applied the “effect of the order” test. He stated, at para. 31: … the issue whether an order or judgment is to be treated as interlocutory or final depends upon the nature and effect of the disposition. If it brought the proceedings at first instance to an end, regardless of whether it actually disposes of the rights between the parties, it is final. However, if the disposition’s effect is such that the real matter in dispute between the parties remains to be determined in the very proceeding from which it issued, the disposition is interlocutory.

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