The plaintiff brought a motion for leave to appeal a Small Claims Court decision where it had claimed $7,551.12 but was only awarded $1,500.
The issue was whether the plaintiff had an automatic right of appeal under section 31 of the Courts of Justice Act, given that the judgment amount was below the $2,500 threshold prescribed by regulation.
The Divisional Court held that the right of appeal is determined by the amount claimed in the action, not the amount recovered.
Finding a conflict between the statute and the regulation, the court ruled the statute prevails, confirming the plaintiff's right of appeal without leave.
