The appellant sought to appeal a partial summary judgment ordering the sale of jointly owned property and dismissing his trust claim.
The Divisional Court determined it lacked jurisdiction to hear the appeal of the trust claim, as its value exceeded $50,000.
Although the court had jurisdiction over the property sale order, the issues were intertwined.
Consequently, the court ordered the entire matter transferred to the Court of Appeal pursuant to section 110 of the Courts of Justice Act.