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Simon Shields, LLB

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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.
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