The Court of Appeal for Ontario considered a motion regarding an appeal that arose under the Construction Lien Act.
The moving parties (respondents) argued that the Court of Appeal lacked jurisdiction over the appeal.
The court agreed, finding that jurisdiction for such matters lay with the Divisional Court, and that the question of whether the underlying order was final or interlocutory was for the Divisional Court to decide.
Consequently, the Court of Appeal quashed the appeal and declined to exercise its discretion to transfer the appeal to the Divisional Court.
Costs were awarded to the successful moving parties.
