The applicant insurer sought judicial review of an interlocutory decision by a Small Claims Court deputy judge regarding document production and costs.
The underlying action involved a rental car company suing the insurer after coverage was denied for a rental car accident due to the insured's failure to cooperate.
The Divisional Court dismissed the application, finding no exceptional circumstances, excess of jurisdiction, or denial of natural justice that would warrant intervention in a Small Claims Court interlocutory order.
The matter was directed to proceed to trial where the trial judge would determine the admissibility of the subpoenaed documents.
