The appellant sought to appeal an order refusing a stay of summary judgment.
The Divisional Court held that under s. 71(3) of the Construction Lien Act, no appeal lies from an interlocutory order.
Citing Court of Appeal precedent, the court confirmed that an order refusing a stay of summary judgment is procedural and therefore interlocutory.
Consequently, the court lacked jurisdiction to hear the matter, and the appeal was dismissed with costs.
