Interlocutory Orders

News & Analysis as of

One Superior Court Judge Overruling Another?

You are all familiar with the old adage that "one Superior Court Judge cannot overrule another Superior Court Judge." But apparently there is at least a little bend in that rule, as illustrated by Judge Bledsoe's opinion...more

No Appellate Jurisdiction Over an Interlocutory Contempt Order

Arlington Industries, Inc. v. Bridgeport Fittings, Inc. - Addressing whether an interlocutory contempt order stemming from a violation of an existing injunction is directly appealable, the U.S. Court of Appeals for the...more

Mask v. Silvercorp Metals, Inc: Leave to Appeal Dismissed in Class Action Context, Despite a Novel Issue in Law

On August 11, 2014, Justice Perell, sitting in the Ontario Divisional Court, released a decision in Mask v. Silvercorp Metals, Inc. addressing the test for leave to appeal an interlocutory order in a proposed class action, to...more

Hopkins v. Kay: Ontario Court of Appeal Considers Order Conclusively Determining Superior Court’s Jurisdiction to be Final

In her July 2, 2014 decision in Hopkins v. Kay, van Rensburg J.A. of the Ontario Court of Appeal considered when an order declining to dismiss an action for lack of jurisdiction will be final or interlocutory. This is...more

Exeter v. Canada (Attorney General): An audio recording of a hearing is not a replacement for a transcript under Rule 344 of the...

On May 8, 2014, the Federal Court of Appeal rendered judgment in Exeter v. Canada (Attorney General) on an appeal from an order of the Federal Court upholding a Prothonotary’s interlocutory order. The appellant submitted as a...more

Federal Court Report - Fourth Circuit Denies Appeal When There are Genuine Issues of Fact on Defendants’ Immunity Defense

In an unpublished opinion, the Fourth Circuit considered the defendants’ appeal from the denial of their motion for summary judgment based on qualified immunity. Cooper v. Lippa No. 13-2055 (4th Cir. April 4, 2014). The Court...more

Statutory interpretation: interlocutory or final?

Sometimes, a seemingly interlocutory order will necessitate that a judge interpret a statute in a way that may seem “final”. Does an appeal in Ontario in such circumstances lie to the Divisional Court or the Court of Appeal?...more

Ambrose v. Zuppardi: Orders dismissing motions to examine non-parties usually to be considered interlocutory

Is an order dismissing a motion to examine a non-party final or interlocutory? In Ambrose v. Zuppardi, the Ontario Court of Appeal said “it depends”, narrowing the holding of a 1980 case (Smerchanski v. Lewis) that said such...more

Interlocutory Orders Appealable by Right

No one likes to think about, much less plan for, a worst-case scenario. However, your clients' appellate options should be a critical part of your pretrial and trial strategy. There are certain interlocutory, or non-final,[1]...more

Knew Order v. 2291955 Ontario: Costs Awarded Against Successful Appellants for Procedural Errors

Judges may be reluctant to let procedural errors stand in the way of what they perceive as justice. But that is not to say they do not notice when significant procedural errors occur. The Ontario Court of Appeal’s recent...more

Production Of Documents From Court-Appointed Receivers

Originally published in International Law Office, January 2013: In its recent decision in SA Capital Growth Corp v Mander Estate the Ontario Court of Appeal considered whether the appellant, who was facing proceedings...more

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