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Simon Shields, Lawyer

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Appeals - Final versus Interlocutory Orders

Meisels v. Lawyers Professional Indemnity Company (Ont CA, 2015)

The distinction between final and interlocutory Orders is often used to condition appeal rights (eg. leave of the court is typically required to appeal interlocutory orders). In this case the Court of Appeal made the following characterization of a final Order:
[7] An order that does not finally dispose of the rights of the parties to the litigation will be a final order for purposes of an appeal if it disposes of an issue that “deprive[s] the defendant of a substantive right which could be determinative of the entire action”: Ball v. Donais (1993), 1993 CanLII 8613 (ON CA), 13 O.R. (3d) 322 (Ont. C.A.), at p. 324.

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