The appellant appealed an order for retroactive child support in the amount of $42,917.88 to the Divisional Court, characterizing it as an interlocutory order.
The Divisional Court raised the issue of its own jurisdiction and determined that the order was final, as it finally determined the issue of retroactivity for the years 1998 to 2001.
Because the order was final and for a single payment of more than $25,000, the Divisional Court lacked jurisdiction under section 19 of the Courts of Justice Act.
The appeal was adjourned and transferred to the Court of Appeal for Ontario.