The moving parties sought an extension of time to file a motion for leave to appeal a Small Claims Court order that denied their motion to set aside a default judgment and awarded $100 in costs against them.
The moving parties argued the appeal was solely regarding costs under s. 133 of the Courts of Justice Act.
The Divisional Court dismissed the motion, noting that under s. 31 of the Courts of Justice Act and O. Reg. 626/00, no appeal lies from a Small Claims Court order for less than the prescribed amount of $3,500, which also applies to costs orders.
