The respondent, Ping Deng, brought a motion to quash an appeal filed by the appellants, Danjing Han and Canamex Fire Protection International Inc., arguing that the Ontario Court of Appeal lacked jurisdiction.
The original trial judgment awarded damages of $39,797.26 and dismissed a claim for punitive damages of $50,000.
Citing sections of the Courts of Justice Act, the Court of Appeal determined that appeals involving single payments not exceeding $50,000 or dismissed claims for amounts not more than $50,000 fall under the jurisdiction of the Divisional Court.
Consequently, the motion to quash was allowed, and the appeal was quashed.
The court declined to transfer the appeal but allowed the appellants to seek leave to extend the time to appeal to the Divisional Court.
