The mother (J.M.) sought to appeal an interim order concerning the child's vaccination, which directed immunization and compliance with COVID-19 vaccine recommendations, granting the father (B.S.) sole decision-making power if parties failed.
She moved for an extension of time to appeal and to transfer the appeal from the Divisional Court to the Court of Appeal, arguing the vaccination order was a final order under the Divorce Act.
The Court of Appeal dismissed both motions, holding that the vaccination order was interlocutory, not final, despite its irreversible practical effect.
The court clarified that jurisdiction for appeals of interlocutory orders under the Divorce Act lies with the Divisional Court, requiring leave.
