“The mother argues that this court has jurisdiction to hear the appeal because the Vaccination Order was made under the Divorce Act and because its effect is final. She submits that vaccinating a child is an irreversible act.
Based on the Form 8 Application, I accept that this aspect of the order was made under the federal Divorce Act. As such, it would not be caught by s. 19(1)(a.1) of the CJA, which gives the Divisional Court jurisdiction to hear appeals from final orders of the Family Court that were made only under provincial legislation. An appeal from a final order under the federal Divorce Act lies to this court: Mattina v. Mattina, 2018 ONSC 1569, 11 R.F.L. (8th) 69, at para. 33. However, this does not end the inquiry. Contrary to the mother’s submission, this court does not have jurisdiction over all appeals arising from the Divorce Act. This court only has jurisdiction if the order appealed from is also final and therefore not captured by s. 19(1)(b) of the CJA: Goldberg v. Goldberg (1989), 68 O.R. (2d) 124 (H.C.); see also Elgner v. Elgner, 2011 ONCA 483, 105 O.R. (3d) 721, leave to appeal refused, [2011] S.C.C.A. No. 341. In my view, the decision in this case was interlocutory and this court therefore does not have jurisdiction.
The motion judge made the order in the context of a motion to decide various issues between the parties on an interim basis. This is evident from the notice of motion, which seeks interim relief. This is also evident from the disposition paragraph in the motion judge’s decision that states that the orders are made on a temporary basis. Finally, while the parties have not yet obtained an issued order from the court, the form approved between them is for a temporary order.”