What is the test for determining whether an order is final?

The test for determining whether an order is final has recently been considered. In Radke v. M.S. (Guardian ad litem of), 2006 BCCA 12 the issue before the court was whether a judgment which decided liability but not damages was a final order for which leave to appeal was not required. In finding that the order was a final order the court noted at ¶ 9 and 10 that the test which had been applied in the past, whether the judgment or order finally disposed of the rights of the parties, had become increasingly difficult to apply because of the number of cases where one issue is determined but a number of issues are left unresolved between the parties. A common sense test is to be applied based on the effect of the judgment or order. The question to be posed in determining whether the judgment or order is final in nature is whether the issue, if it had not been determined separately, would have formed a substantive part of the final trial at ¶ 22.