Ontario Court of Appeal clarifies test for distinguishing final and interlocutory orders

Lead Office

Toronto

On May 26, 2016, the Court of Appeal for Ontario clarified the test for distinguishing final and interlocutory orders in Fram Elgin Mills 90 Inc. v. Romandale Farms Limited, 2016 ONCA 404.

Romandale Farms Limited (Romandale) brought the motion to quash the appeal by Fram Elgin Mills 90 Inc. (Fram) and Jeffrey Kerbel et al. (Kerbel) on the basis that the court lacked the jurisdiction because the orders under appeal were interlocutory, not final, orders. The Court of Appeal allowed the motion to quash the appeal on the basis of lack of jurisdiction. 

Romandale is a privately held company in Toronto that focuses on residential land development. 

McCarthy Tétrault LLP represented Romandale, the moving party, before the Court of Appeal with a team led by Sarit Batner that included Kosta Kalogiros and Adam Goldenberg.

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