Daria Risteska

The plaintiff corporation, acting without counsel, sued multiple defendants for fraud, breach of contract, and interference with contractual relations after a real estate transaction failed to close.

The defendants brought motions to strike the statement of claim and for security for costs.

The court set aside a noting in default against one defendant, finding the plaintiff had improperly requisitioned it.

The court struck the majority of the claims without leave to amend, finding they were frivolous, vexatious, and disclosed no reasonable cause of action.

The breach of contract claim against the property owners was struck with leave to amend.

The plaintiff was ordered to post $150,000 in security for costs before taking any further steps.

The Ontario Court of Appeal considered whether the Administrative Judge of the Small Claims Court has jurisdiction to make orders under s. 137.1 of the Courts of Justice Act (Anti-SLAPP provisions).

The court found that such jurisdiction lies exclusively with Superior Court judges, based on statutory interpretation, prior jurisprudence (Bruyea, Nanda, Ontario College of Teachers), and the incompatibility of the complex s. 137.1 process with the summary nature and rules of the Small Claims Court.

The appeals were allowed, confirming the Administrative Judge's lack of jurisdiction.