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An appeal of a summary judgment granted under Rule 20 in a Construction Act action lies to the Court of Appeal.
Arcamm Electrical Services Ltd. (Arcamm) brought a motion to quash an appeal by 4342 Queen St. Niagara Holdings Inc. (Queen) to the Court of Appeal for Ontario, arguing that the underlying summary judgment, granted in a Construction Act action, should have been appealed to the Divisional Court.
The Court of Appeal dismissed Arcamm's motion, holding that the appeal properly lay with the Court of Appeal because the summary judgment was granted under Rule 20 of the Rules of Civil Procedure based on a contractual claim, not under the Construction Act, and the court's jurisdiction is determined by the substance of the order made.
Motion for leave to appeal dismissed with costs of $5,000.
The moving party sought leave to appeal the order of Gorman J. dated October 17, 2023.
The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding party in the amount of $5,000.
