In Dani Building System Inc. v. Hossain, 2026 ONCA, the defendants attempted to appeal a Final Report of an Associate Justice of the Toronto Superior Court enforcing a settlement relating to renovation work performed by the plaintiff at the defendants’ home. The defendants’ appeal was commenced following the timeline prescribed by the Rules of Civil Procedure to oppose confirmation had expired.
The plaintiff brought a motion to quash the appeal at the outset, arguing that the Court of Appeal lacked jurisdiction to hear the matter and opposing the transfer of the appeal to the appropriate appellate forum, having regard to the objectives of the Construction Act.
A panel of the Court of Appeal agreed, quashed the defendants’ appeal, and declined to transfer the matter. In doing so, the Court emphasized that one of the central purposes of the Construction Act is “to promote the expeditious resolution of disputes.
