In Nugent v. Dimakas (Div Court, 2024) the Divisional Court granted a motion to quash a Small Claims Court interlocutory appeal for delay.
Here the court notes that appeals on consent orders require leave [CJA 133(a)]:
[26] The first rule, already referenced, applies to all appeals: a party cannot appeal from a consent order “without leave of the court to which the appeal is to be taken”: s. 133(a) of the Courts of Justice Act.
[27] Leave to appeal a consent order is required even if the consent itself is challenged or disputed: Arnold v. Lulu Holdings Inc., 2021 ONSC 8125, at paras. 34 – 37.
[28] The law requires leave to appeal a consent order based on the principle that a consent judgment is binding and final, and that finality is important in litigation because the parties reached their bargain on the premise of an allocation of risk and the implicit understanding that they would accept the consequences of the settlement: Mohammed v. York Fire and Casualty Insurance Co., 2006 CanLII 3954 (ON CA), 79 O.R. (3d) 354, at paras. 34-35; Mendes. v. Mendes, 2019 ONSC 6036, at para. 44. Parties cannot appeal a consent order simply because they later regret the agreement they reached.
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