The self-represented appellant brought a motion seeking to declare the requirement to order and pay for a transcript to perfect her Small Claims Court appeal unconstitutional, arguing it imposed a financial barrier to access to justice.
The Divisional Court declined to rule on the constitutional issues and refused to strike the transcript requirement.
The court also denied relief from the requirement under the Rules of Civil Procedure, finding the appellant failed to demonstrate that her appeal had apparent merit or that she was impecunious.
The motion was dismissed with modest costs awarded to the responding parties, including the intervenor.
