The plaintiff brought a motion to have the defendant's appeal and the plaintiff's cross-appeal heard together in the Court of Appeal.
The defendant had appealed only the $16,750 punitive damages portion of a $148,143.50 judgment to the Divisional Court.
The Court of Appeal held that under s. 19(1)(a) of the Courts of Justice Act, jurisdiction turns on the total amount of the final order, not the amount in issue on the appeal.
Because the final order exceeded $25,000, the appeal and cross-appeal were properly brought to the Court of Appeal.
