Small Claims Court matters

The appellant appealed an order made on a motion to transfer an action to the Small Claims Court.

The motion judge had ordered that the successful party at trial would have their costs of the action to the date of transfer in the cause.

The Divisional Court allowed the appeal and set aside the order, finding that the motion judge lacked jurisdiction under the Courts of Justice Act to order costs payable in another court or to fetter the discretion of the Small Claims Court trial judge regarding costs.

The appellants challenged the constitutionality of provisions in the Quebec Code of Civil Procedure that exclude representation by counsel before the Small Claims Division of the Provincial Court.

The Supreme Court of Canada dismissed the appeal, answering the constitutional question in the affirmative and upholding the competence of the National Assembly of Quebec to enact such exclusions.