What type of orders can typically be appealed to the Divisional Court?

The appeal process to the Divisional Court in Ontario is specifically structured around the nature of the orders being challenged. The correct answer highlights that both final orders and certain interlocutory orders can be appealed to the Divisional Court.

Final orders are those that dispose of the matter entirely, leaving no further issues to be resolved in the trial court, while interlocutory orders are temporary rulings made during the course of litigation before a final resolution is reached. Not all interlocutory orders are appealable; typically, only those that have significant consequences can be appealed, which is in line with the practice of ensuring that the legal system does not become bogged down with frequent appeals on provisional matters. This balance is essential for maintaining judicial efficiency while allowing for the redress of substantial legal issues.

Other types of orders, such as orders from the Small Claims Court, do not universally escalate to the Divisional Court, as the appealability can be limited to specific circumstances dictated by legislation or court rules. Furthermore, while one might think that any order from a lower court could be subject to appeal, this is not accurate, as there are clear boundaries and criteria established regarding which orders qualify for appeal, ensuring that only significant issues are brought before the Divisional Court