The plaintiff brought a motion to transfer a motor vehicle negligence action from the Superior Court of Justice to the Small Claims Court after concluding that the value of her claim for pain and suffering would fall within the Small Claims Court jurisdiction once the statutory deductible under the Insurance Act was applied.
She argued that subsequent workplace injuries constituted a change in circumstances that would reduce the value of her claim.
The defendant opposed the transfer, arguing prejudice arising from litigation strategy and costs incurred defending a $100,000 Superior Court action.
The court held that no material change in circumstances had been demonstrated and that transferring the action would be unfair to the defendant, who had structured his defence based on the plaintiff’s original claim and forum.
The motion to transfer was therefore dismissed.
