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Civil Procedure - Orders - Final versus Interlocutory

Appeals - Final versus Interlocutory Orders

Xela Enterprises Ltd. v. Castillo (Ont CA, 2014)

In this case the Court of Appeal made the following salutory comments on the distinction between interlocutory and final orders, as they condition the availability and route of appeal:
[2] We agree that the Thorburn Order is an interlocutory order.

[3] The Thorburn Order does not determine the real matters in dispute between the parties nor, as the appellants acknowledge, does it deprive the appellants of any substantive defence, including the right to challenge the jurisdiction of the Ontario courts over the matters at issue. Although the Thorburn Order determined the issue raised on the motion below – the validity of the respondents’ efforts to effect service of their amended pleading – it did not address the merits of the underlying action or the lis between the parties. Moreover, any defences that the appellants had before this action was commenced are still alive. The Thorburn Order, therefore, is interlocutory in nature: see Hendrickson v. Kallio, 1932 CanLII 123 (ON CA), [1932] O.R. 675, 4 D.L.R. 580 (C.A.); Ball v. Donais 1993 CanLII 8613 (ON CA), (1993), 13 O.R. (3d) 322, 64 O.A.C. 85 (C.A.); Nantais v. Telectronics Proprietary (Canada) Ltd., [1996] O.J. No. 1220, 62 A.C.W.S. (3d) 422 (C.A.). See also Satchidananthan v. Sivanesan, 2013 ONSC 7515 (CanLII), 2013 ONSC 7515 (Sup. Ct.).
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