The appellant mistakenly filed a notice of appeal in the Divisional Court instead of the Court of Appeal.
Upon discovering the jurisdictional error, the appellant brought a motion under section 110 of the Courts of Justice Act to transfer the appeal to the Court of Appeal.
Applying the Dunnington criteria, the court found that while the appellant moved expeditiously and there was no undue prejudice to the respondent, the appeal lacked merit.
Although the appellant raised an arguable point of statutory interpretation regarding underinsured motorist coverage, the claim was statute-barred by the Limitations Act, 2002.
The motion to transfer was dismissed.
