B.W. Miller J.A.

The respondent, Dani Building System Inc., moved to quash an appeal brought by the appellants, the Hossains, regarding a construction lien dispute.

The Court of Appeal for Ontario determined that it lacked jurisdiction to hear the appeal, as appeals from reference reports under the Construction Act must be directed to the Divisional Court.

The court also declined to transfer the appeal to the Divisional Court because the appellants had failed to timely oppose the confirmation of the report in the court below.

Consequently, the court granted the motion to quash the appeal and awarded costs to the respondent.

The appellants appealed a summary judgment order holding them liable for a mortgage shortfall following a power of sale.

They argued that the motion judge erred in determining the sale price of the property was $1,100,000 rather than $1,925,000, pointing to conflicting information in a registered Land Transfer Tax statement.

They also contended the motion judge improperly rectified the document and reversed the burden of proof under the Land Titles Act.

The Court of Appeal dismissed the appeal, finding no error in the motion judge's assessment of the evidence or application of the legislation.