The appellant, Gladys Segura, appealed the dismissal of her application to transfer her Small Claims Court action to the Superior Court of Justice and to add the Canadian Radio-Television and Telecommunications Commission (CRTC) and Commission for Complaints for Telecom-Television Services (CCTTS) as defendants.
The original Small Claims action involved claims against Rogers Communications Inc. for alleged overcharges, improper service termination, and a phone exchange.
The application judge found that the appellant had not demonstrated that her claim could not be justly and fairly resolved in Small Claims Court, nor had she provided sufficient material facts to support higher damages, equitable relief, or claims against the proposed new defendants.
The Court of Appeal found no error in the application judge's decision, affirming the dismissal of the transfer application and the refusal to add new parties.
Costs were awarded to the respondents.