Can a plaintiff bring an interlocutory order for the return of personal property under Rule 44 of the Rules of Civil Procedure?
Ontario, Canada
The following excerpt is from Garg v Raywal Limited, 2014 CanLII 45320 (ON SCSM):
22. In Ever Fresh Direct Foods v. Schindler, [2011] O.J. No. 3634 (Sm. Cl. Ct.), I held that this court has no jurisdiction to make an interlocutory order for the return of personal property under Rule 44 of the Rules of Civil Procedure. Instead, the plaintiff could seek a final order under rule 12.02 of our rules, or an expedited trial could be directed.
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