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The Court of Appeal held it lacked jurisdiction over an appeal about a construction lien discharge and transferred the matter to the Divisional Court.
The forfeiture order was made under s.490(9)(3)(d) and appellate jurisdiction for such an order lies to the Superior Court under s.490(17)(b); because the appellant was refused filing, the appeal was properly transferred to the Superior Court of Justice.
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The Court of Appeal lacked jurisdiction because the orders at issue (periodic payments and dismissed claims) involved amounts below the $50,000 thresholds in s.19(1.2)(a)–(c) of the Courts of Justice Act, and therefore the appeal must be transferred to the Divisional Court.
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