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ARTICLE · 06 FEBRUARY 2014

Transfer To Small Claims Court? I Don’t Think So…

Miller Thomson
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In a recent decision in a personal injury action, a Superior Court Judge denied a plaintiff’s motion to transfer her action to Small Claims Court despite her assertion that her damages would properly be assessed under the $25,000 limit of the Small Claims Court.

CanadaLitigation, Mediation & Arbitration
James Prior
James Prior
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In a recent decision in a personal injury action, a Superior Court Judge denied a plaintiff's motion to transfer her action to Small Claims Court despite her assertion that her damages would properly be assessed under the $25,000 limit of the Small Claims Court.

May v. Hutchinson, 2013 ONSC 7712 arose out of a December 15, 2010 car accident which the Plaintiff claimed resulted in various injuries to her.  She therefore commenced an action under Simplified Procedure seeking general and special damages of $100,000.  It is noteworthy that the Statement of Claim was issued on August 13, 2012, over two and a half years after the monetary jurisdiction of the Small Claims Court increased from $10,000.00 to $25,000.00 on January 1, 2010, so the Plaintiff was unable to argue that her claim now fell within the expanded jurisdiction of the Small Claims Court.

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