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Appeal quashed for lack of jurisdiction as the settlement amount fell within Small Claims Court jurisdiction.
The appellant sought an adjournment, which was refused.
The Court of Appeal quashed the appeal for lack of jurisdiction, noting that although the original Superior Court action claimed a higher amount, it was settled together with a small claims court action for a global amount within the jurisdiction of the small claims court.
Therefore, any appeal lies to the Divisional Court.
Costs of $2,000 were awarded to the respondents.