Is an interlocutory order final or final?
Ontario, Canada
The following excerpt is from Cook v. Ovenden, 2004 CanLII 14307 (ON CA):
In one of the early leading cases on the question of whether an order is final or interlocutory, Hendrickson v. Kallio, [1932] O.R. 678, Middleton J.A. said: The interlocutory order from which there is no appeal is an order which does not determine the real matter in dispute between the parties – the very subject-matter of the litigation, but only some matter collateral. It may be final in the sense that it determines the very question raised by the application, but it is interlocutory if the merits of the case remain to be determined.
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