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Simon Shields, LLB

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Appeals - Interlocutory v Final Orders

Orders - Interlocutory v Final

Deltro Group Ltd. v. Potentia Renewables Inc. (Ont CA, 2017)

In yet another contribution to the vexed issue of when an order is final or interlocutory, as the distinction conditions the appeal route, the Court of Appeal stated:
[3] It is well established that the characterization of an order as being final interlocutory depends upon its legal nature rather than its practical effect. Accordingly, even where the practical effect of refusing an interlocutory injunction, may from a practical perspective effectively end some aspect of the litigation, the legal nature of such an order remains interlocutory for the purposes of appeal see: Ontario Medical Association v. Miller, 1976 CanLII 679 (ON CA), [1976] 14 O.R. (2d) 468.

[4] The request for a mandatory injunction to search and obtain documents was made within this action and the order dismissing that request is also interlocutory in nature for the purposes of appeal.

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