Is an interlocutory order final or final?
Ontario, Canada
The following excerpt is from Cook v. Ovenden, 2004 CanLII 14307 (ON CA):
In one of the early leading cases on the question of whether an order is final or interlocutory, Hendrickson v. Kallio, [1932] O.R. 678, Middleton J.A. said: The interlocutory order from which there is no appeal is an order which does not determine the real matter in dispute between the parties – the very subject-matter of the litigation, but only some matter collateral. It may be final in the sense that it determines the very question raised by the application, but it is interlocutory if the merits of the case remain to be determined.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the difference between a final disposition order of 12 months society wardship and a final order for 12 months wardship? (Ontario, Canada)
Does the 2008 Appeal Decision on the 2002 and 2005 Orders on the issue of interlocutory subjects apply to the interim subjects contained in the interim orders? (Ontario, Canada)
Can a variation of an interim order be made in the context of a motion to change a final order? (Ontario, Canada)
In what circumstances will a judge order a final custody order in favour of the father in the absence of one-sided evidence? (Ontario, Canada)
What are the consequences of a Director's Delegate's Order and Order to quash or to set aside or quash the two orders and decisions? (Ontario, Canada)
What is the test to prove that continuation of a support order would be continuation of the order if the support order is not inconsistent or absurd? (Ontario, Canada)
Can a cost order be made on an interlocutory motion for a final disposition of an appeal? (Ontario, Canada)
When will a court order an interim order to place a temporary order on a temporary parent? (Ontario, Canada)
Does the term "support order" need to be changed to include "support orders" in the definition of a support order? (Ontario, Canada)
What is the standard of review on appeal from a master's interlocutory order going to a matter vital to the final issue? (Ontario, Canada)
