Does the 2008 Appeal Decision on the 2002 and 2005 Orders on the issue of interlocutory subjects apply to the interim subjects contained in the interim orders?
Ontario, Canada
The following excerpt is from Dewan v. Burdet, 2011 ONSC 5749 (CanLII):
In summary, I will not set aside, suspend or stay the 2002 and 2005 Orders on the authority of the 2008 Appeal Decision. The court had jurisdiction to decide the interim interlocutory subjects contained in the 2002 and 2005 Orders. An interlocutory decision is a final decision in the sense that it is binding on the parties unless appealed, Diamond v. Western Realty Co, 1924 CanLII 2 (SCC), [1924] S.C.R. 308.
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