Monday, December 24, 2012

A final order is one which disposes of a substantive issue in the litigation

1250264Ontario Inc. v. Pet Valu Canada Inc., 2012 ONCA 901 sets out the test for determining if an order is final:

[2]          The test to be applied for deciding this issue is well settled and is the one described in Ball v. Donais [1993] O.J. No. 972 at para. 3:

While that order did not finally dispose of the rights of the parties to the litigation, it did subject to appeal therefrom finally dispose of the issue raised by that defence and thereby deprive the defendant of a substantive right which could be determinative of the entire action.

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