The defendants appealed an order of a Master that set aside a default judgment on the condition that the amount claimed in the construction lien action be paid into court.
The plaintiff argued the appeal was improperly brought before the Divisional Court.
The court held that an order setting aside a default judgment is an interlocutory order, not a final order, because it does not finally determine any substantive rights of the defendants.
Consequently, under section 17(1)(c) of the Courts of Justice Act, the appeal should have been brought to a single judge of the Superior Court.
The appeal was quashed.
