Can an interlocutory order of the Small Claims Court be appealed to the Divisional Court?

In the context of the Small Claims Court, interlocutory orders refer to preliminary decisions made during the course of litigation that are not final judgments. Generally, in Ontario, interlocutory orders made by the Small Claims Court do not have an automatic right of appeal to the Divisional Court. Instead, if a party wishes to challenge an interlocutory order, the appropriate course of action would typically involve making an application for judicial review.

Judicial review is a legal process through which a higher court can review the decisions of lower courts or administrative bodies to ensure they acted within their jurisdiction and followed the proper legal procedures. While interlocutory orders do not permit a direct appeal on an automatic basis, they can indeed be subject to judicial review if there are grounds for such a review. This creates a mechanism by which litigants can seek to address potential errors made in interlocutory decisions without being afforded a wide avenue of appeal.

In summary, while interlocutory orders from the Small Claims Court cannot be appealed directly to the Divisional Court, they may still be subjected to judicial review under the right circumstances, making the choice indicating that option the correct answer.