The Court of Appeal for Ontario has no jurisdiction to
hear an appeal from an interlocutory order.
In P.M. v. M.A.,
2017 ONCA 6, the Court of Appeal rejected counsel’s argument that the Court had
inherent jurisdiction or some type of residual jurisdiction to hear the appeal
of an interlocutory order of the Superior Court.
The concept of inherent jurisdiction has been
described as follows:
The inherent jurisdiction of the court is a virile and viable doctrine,
and has been defined as being the
reserve or fund of powers, a residual source of powers, which the court may
draw upon as necessary whenever it is just or equitable to do so, in
particularly to ensure the observation of the due process of law, to prevent
improper vexation or oppression, to do justice between the parties and to
secure a fair trial between them
"The Inherent Jurisdiction of the Court" (1970), 23 Current
Legal Problems 27-28. In Halsbury's Laws of England, 4th ed. (London: Lexis-Nexis
UK, 1973 -) vol. 37,at para. 14
The Court in P.M. v. M.A., 2017 ONCA 6 held that there
must be a statutory basis for the Court to hear an appeal and counsel could not
point to any.
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