Walchuk Estate v. Houghton: Final v. Interlocutory … Again

In Walchuk Estate v. Houghton, the Ontario Court of Appeal dismissed a motion to quash an appeal on the basis that the lower court's adjournment of a contempt motion was a final order. The decision also provides guidance, yet again, on the proper test for distinguishing between final and interlocutory orders.

Background

In 2011, Walchuk obtained judgment against the appellant, Houghton, for $105,000. In December 2013, Walchuk attempted to examine Houghton in aid of execution on the judgment. Houghton did not attend the examination. Walchuk subsequently brought a motion for contempt. Harper J adjourned the contempt motion and ordered that Houghton attend an examination in aid of execution and produce the relevant documentation at the examination. While Houghton did attend the examination, he failed to bring any of the requested documentation. Moreover, the day before the scheduled examination, Houghton filed for bankruptcy.