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Motion to quash granted; Court of Appeal lacks jurisdiction over Construction Act reference appeals.
The moving party brought a motion to quash the responding parties' appeal of an order enforcing a settlement agreement in a construction lien dispute.
The Court of Appeal held that it lacked jurisdiction to hear the appeal, as section 71(1) of the Construction Act directs such appeals to the Divisional Court.
The Court declined to traverse the appeal to the Divisional Court because the responding parties had failed to oppose the confirmation of the associate judge's report, meaning they must first seek leave in the Superior Court to extend the time to file a motion in opposition.
The motion to quash was granted.
