The appellant commenced a Small Claims Court action for goods sold and delivered.
The respondent counterclaimed and later commenced a Superior Court action for a higher amount, successfully moving to transfer the Small Claims Court proceedings to the Superior Court.
The Divisional Court allowed the appeal, finding the motions judge erred by failing to consider whether the issues were capable of being justly resolved in the Small Claims Court, as required by the Vigna test.
The transfer order was set aside, allowing the Small Claims Court action to proceed.
