The appellants appealed a trial judgment that ordered them to pay $4,222 net to the respondents following a dispute over the construction of a custom home.
The appellants sought over $88,000 on appeal.
The respondents argued the Court of Appeal lacked jurisdiction because the trial judgment was for less than $25,000.
The Court of Appeal agreed, holding that under the Courts of Justice Act, jurisdiction is determined by the amount of the judgment ordered, not the amount claimed on appeal.
The appeal was transferred to the Divisional Court.
