March 9, 2026 – Final vs Interlocutory Decisions

“The Ontario Court of Appeal has issued many decisions explaining the difference between a final and an interlocutory decision. One such recent decision is 1476335 Ontario Inc. v. Frezza, 2021 ONCA 822 at para. 7, where the court offered this succinct distinction:

A final order disposes of the litigation, or finally disposes of part of the litigation: Ball v. Donais (1993), 1993 CanLII 8613 (ON CA), 13 O.R. (3d) 322 (C.A.). An interlocutory order disposes of the issue raised, most often a procedural issue, but the litigation proceeds: Hendrickson v. Kallio, 1932 CanLII 123 (ON CA), [1932] O.R. 675 (C.A.), at p. 678.

Also relevant to this analysis is para. 8 of that decision:

As is apparent from the strict requirements for leave to be granted to appeal interlocutory orders, appeals from such orders are intended to be very limited. On the other hand, appeals from final orders are as of right. As a result, the issue of whether an order is final or interlocutory determines not only which court has jurisdiction, but also the extent to which an appeal will lie from the order.”

            Mills v. Thompson, 2022 ONSC 1525 (CanLII) at 10-11

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