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Stare Decisis - Interlocutory Orders

. Angel Capital Finance Inc. v. Jawaid

In Angel Capital Finance Inc. v. Jawaid (Ont CA, 2024) the Divisional Court considered the definition of an interlocutory judgment, and that it is not binding on the trial court:
[2] .... Such an order is interlocutory because it does not determine the rights of the parties, but only the procedure by which those rights will be determined: Roblin v. Drake, 1938 CanLII 54 (ON CA), [1938] O.R. 711 (C.A.). The reasons of Fowler Byrne J. that explained why the default judgment was set aside were not binding on the trial judge: Simmonds v. Simmonds, 2013 ONCA 479, 117 O.R. (3d) 479.


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Last modified: 20-09-24
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