The respondent, Dani Building System Inc., moved to quash an appeal brought by the appellants, the Hossains, regarding a construction lien dispute.
The Court of Appeal for Ontario determined that it lacked jurisdiction to hear the appeal, as appeals from reference reports under the Construction Act must be directed to the Divisional Court.
The court also declined to transfer the appeal to the Divisional Court because the appellants had failed to timely oppose the confirmation of the report in the court below.
Consequently, the court granted the motion to quash the appeal and awarded costs to the respondent.
