Background:
- The original motion involved an order by the Superior Court of Justice to remove a specific instrument registered on the title of properties in Harcourt, Ontario.
- The appellants,2573138 Ontario Ltd. and Marguerite Alfred, challenged the order, appealing to the Court of Appeal for Ontario.
Legal Issue: Jurisdiction of the appellate court to hear the case.
Key Statutory Provision:
- Land Titles Act, R.S.O. 1990, c. L.5, Section 27:
- Provides a right to appeal decisions under the Act to the Divisional Court within 30 days.
Court’s Analysis:
- Relied on the precedent CIBC Mortgages Inc. v. Computershare Trust Co. of Canada (2015 ONCA 846).
- Concluded that Section 27 governs appeals in such matters, requiring appeals to go to the Divisional Court, not the Court of Appeal.
Decision:
- The appeal was quashed due to lack of jurisdiction.
- No costs were awarded as the jurisdiction issue was raised by the court itself.
