The respondent brought a motion to quash the appellants' appeal, arguing that the appeal should be in the Court of Appeal as it related to an amount over $25,000, that the material filed did not indicate arguable issues, and that the appellants' history of defaults disentitled them to continue.
The court declined to summarily dismiss the appeal.
Finding that the matter in issue exceeded $25,000, the court transferred the case to the Court of Appeal pursuant to section 110(1) of the Courts of Justice Act.