Friday, June 29, 2012

Interlocutory dressed up as final

R. v. Kulasegaram, 2012 ONCA 455 is a good source to show an interlocutory order cannot be dressed up as a final order to get a hearing without leave. The Court rules:

"[1]          This Crown appeal must be stayed. The Crown has failed to show that the effect of the ruling on the Charter motion was sufficiently important to the prosecution that the Crown was unable to continue. At the stage when the Crown has decided to offer no further evidence, there was no evidence about the application to the insurance company. As well, the Crown had withdrawn the charges against the co-accused so his accident report was potentially available and his evidence was potentially available. In any event, the Crown did not show that this evidence was not available and could not have supported the expert's report. On this sparse record, allowing the Crown to proceed with this appeal would in effect be an impermissible appeal from an interlocutory order and therefore an abuse of process."

No comments: