Good afternoon.
Following are this week's summaries of the Court of Appeal
for Ontario for the week of June 14, 2021.
In Kelava v. Spadacini, the Court found that a Deputy
Judge of the Small Claims Court has the jurisdiction to make a
representation order relying on Rule 12 of the ordinary Rules
of Civil Procedure by analogy. The overriding consideration in
Small Claims Court matters is access to justice.
In Loan Away Inc. v. Facebook Canada Ltd., the Court
enforced Facebook's forum selection clause requiring a lender
who advertised and made loans through Facebook to sue in
California.
In Johnson v Ontario, the dispute was whether a party
could include an affidavit from its lawyer in their Appeal Book and
Compendium ("ABC") that spoke to the appellant's
request to extend the time to opt out of a class action. The Court
permitted the filing of the affidavit, indicating that it was not
its practice to consider, in advance of the hearing of an appeal,
whether
