Does the Court of Appeal have the Inherent Jurisdiction to Hear an Appeal of an Interlocutory Order?
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. 14The 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.