The appellant sought to appeal both the dismissal of a civil action and a substantial costs award to the Court of Appeal.
The trial judge had assessed damages at an amount below the Divisional Court monetary threshold while dismissing the action and fixing solicitor and client costs well above $25,000.
The court held that the main appeal lay to the Divisional Court under the Courts of Justice Act, and that the contingent costs appeal had to follow the main appeal rather than create Court of Appeal jurisdiction.
Both appeals were therefore transferred to the Divisional Court, with motion costs awarded to the respondents.
