The Ontario Human Rights Commission (OHRC) appealed a Superior Court decision denying its leave to intervene as a friend of the court in an application challenging the constitutionality of municipal by-laws related to encampments.
The Court of Appeal quashed the appeal for want of jurisdiction, holding that an order denying leave to intervene as a friend of the court is an interlocutory order, not a final order, and therefore not appealable to the Court of Appeal under the Courts of Justice Act.
The court distinguished between party interventions (which may be final orders) and friend of the court interventions (which are interlocutory).
