Simon looking earnest in Preveza, Greece
Simon Shields, Lawyer

Advising Self-Representing
Ontario Litigants
Since 2005

tenant / small claims / welfare (ontario works) / odsp / human rights / employment / consumer /
collection agencies / criminal injuries compensation / sppa (admin law)
/ line fences / animal cruelty / dogs & cats / wild animal law (all Canada) / war / conditions of guide use

home / about / client testimonials / areas of practice / about self-representation

Service Options

Simon Shields, LLB

Orders - Interlocutory v Final - Third Parties

C-A Burdet Professional Corporation v. Gagnier (Ont CA, 2016)

In this case the Court of Appeal clarified usefully that an Order, which may be interlocutory between the main parties, may be final for the interests of third parties:
[9] As a preliminary matter, there is the question of whether the appeal was properly before this court. The respondent contends that the order appealed from was interlocutory and therefore that any appeal was with leave to the Divisional Court pursuant to s. 19(1)(b) of the Courts of Justice Act, R.S.O. 1990, c. C.43. We disagree. The appellants were third parties or “strangers” to the matrimonial litigation in which the motion was brought. While the order was interlocutory as between the parties to that litigation, because it did not finally dispose of any issue between them, the current jurisprudence indicates that it was final as between the respondent and the appellants, for the purpose of an appeal of the order by the appellants. See Royal Trust Corporation v. Fisherman (2001), 2001 CanLII 4080 (ON CA), 55 O.R. (3d) 794 (C.A.), at para. 12.
Lawyer License #37308N / Website © Simon Shields 2005-2017