The recent decision of the Ontario Court of Appeal in Fanshawe College of Applied Arts and Technology v AU Optronics Corporation, 2015 ONCA 808, dealt with a motion to quash an appeal. The appeal was quashed after the moving party conceded that the order in question was interlocutory, rather than final, in nature. More specifically, the moving party had conceded that "nothing in the order sought to be appealed, or in the reasons of the motion judge in support of that order, precludes the respondents on appeal in any way from advancing at trial their arguments regarding s. 36(4) of the Competition Act or abuse of process as substantive defences or otherwise." As the moving party had agreed it would "not advance an argument of res judicata in respect of either issue" the appeal was quashed.
Notably, in making its decision the Court stated:
[2] We appreciate the responding party's argument that there is an apparent conflict in certain of this court's jurisprudence on the issue whether an order dismissing a motion for summary judgment is a final or interlocutory order. It may well be that clarification of this issue by the Civil Rules Committee would advance the interests of the administration of justice.
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