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Simon Shields, Lawyer

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Orders - Final versus Interlocutory - Order Quashing Subpoenas

Cowan v. General Filters Inc. (Ont CA, 2017)

In this case the Court of Appeal clarified that an Order quashing subpoenas is interlocutory, which dictates that appeal of it lies to the Divisional Court, with leave:
[5] The jurisdictional question before us is whether the order quashing the subpoenas was interlocutory or final. Based on the authority of this court in Ambrose v. Zuppardi, 2013 ONCA 768 (CanLII), 368 D.L.R. (4th) 749, we conclude that the order was interlocutory, not final and that the route of appeal is through the Divisional Court with leave under the Courts of Justice Act, R.S.O 1990, c. C.43.

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