The Court of Appeal for Ontario granted a motion to quash an appeal in a family law matter concerning a motion for a sealing order and publication ban to protect a child’s privacy.
The court held that the order under appeal was interlocutory, not final, and thus any appeal lay to the Divisional Court with leave, not to the Court of Appeal.
The decision reviews the distinction between interlocutory and final orders, emphasizing that privacy and sealing orders are generally collateral to the main issues in family law proceedings and do not determine substantive rights.
The court also declined to reconstitute itself as the Divisional Court.