The appellant, an indigent litigant, appealed the dismissal of his motion for a declaration that Small Claims Court fees violate the Charter and the common law right of access to justice.
The Divisional Court held that while poverty is not an analogous ground under s. 15(1) of the Charter and the fees do not violate s. 7, the absence of a statutory provision allowing for the waiver of fees for indigent persons with meritorious claims violates the common law constitutional right of access to justice.
The Court ordered that a statutory amendment be enacted to permit proceedings in forma pauperis in the Small Claims Court.
