What is the test to determine whether an order is final or interlocutory?
Ontario, Canada
The following excerpt is from 2128445 Ontario Inc. v. Sherk, 2017 ONSC 5996 (CanLII):
As the motion judge also correctly stated in his endorsement (para. 11): The starting point is to look at the order itself and not the reasons for judgment. In some cases, however, to determine whether an order is truly final or interlocutory, one needs to look at the reasons. If the reasons showed [sic] that the party has been deprived of a substantial right or defence that could resolve all or part of the proceedings, then the order is final [citing Walchuk Estate v. Houghton, 2015 ONCA 862 (CanLII).][5]
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