The appellant appealed a Superior Court judgment that dismissed his $22,000 claim and awarded the respondents $19,260 on their counterclaim.
At the commencement of the appeal, the Divisional Court raised the issue of its jurisdiction under section 19(1)(a) of the Courts of Justice Act.
Following a recent ruling, the court held that it lacks jurisdiction when the combined total of the dismissed claim and the awarded counterclaim exceeds the $25,000 monetary limit.
On consent of the parties, the appeal was adjourned to the Court of Appeal.
