The Attorney General for Ontario moved to quash an appeal from an order dismissing a motion for an interim stay of the Chief Justice's order ending the COVID-19 eviction moratorium.
The appellants argued the order was final because it effectively determined their case was not justiciable and disposed of their substantive rights.
The Court of Appeal held that an order refusing a stay is interlocutory, as the merits of the underlying motion to set aside the Chief Justice's order remained to be determined.
The appeal was quashed for lack of jurisdiction.