The moving party brought a motion to quash an appeal of an order dismissing a motion to discharge a construction lien.
The moving party argued that the order was interlocutory and therefore unappealable under s. 71(3) of the Construction Lien Act.
The Divisional Court agreed, finding that the dismissal of the motion to discharge the lien did not finally dispose of the lien's validity, as the moving party would still have to prove the lien at trial.
The motion to quash was granted and the appeal was dismissed for want of jurisdiction.
