|
Small Claims Court - Transfer to Superior Court. Segura Mosquera v. Rogers Communications Inc.
In Segura Mosquera v. Rogers Communications Inc. (Ont CA, 2021) the Court of Appeal considered an application to transfer a Small Claims matter to the Superior Court:[12] The application judge carefully outlined the principles governing the transfer of cases from the Small Claims Court to the Superior Court. She noted that transfers are permitted only where a claim is not capable of being justly and fairly resolved using the procedures available in the Small Claims Court: Autometric Autobody Inc. v. High Performance Coatings Inc., 2014 ONSC 6073 (Div. Ct.), 328 O.A.C. 197, at paras. 9-10. She noted that the discretion to transfer should be exercised rarely: Crane Canada Co. v. Montis Sorgic Associates Inc., [2006] O.J. No. 1999 (Ont. C.A.), at para. 2. She noted that the onus is on the party seeking a transfer. Considerations in such cases include:a) the complexity of the litigation,
b) the role and importance of pre-trial discovery and expert evidence,
c) whether the case raises issues of general importance, and
d) the desire for a just and fair determination. Farlow v. Hospital for Sick Children, 2009 CanLII 63602 (ON SC), 100 O.R. (3d) 213 (S.C.), at para. 20, citing Crane, at para. 8, Vigna v. Toronto Stock Exchange (1998), 115 O.A.C. 393 (C.J.), and Livingston v. Ould, 2 C.P.C. 41 (Ont. S.C.).
[13] The application judge explained that the court’s discretion to transfer should be exercised sparingly because Superior Court actions expose the parties to higher costs of pre-trial discovery and trial. Further, if the application is made just before trial, it may result in duplication of work. Absent compelling reasons for a transfer, permitting a transfer may undermine the jurisdictional legitimacy of the Small Claims Court.
|
