Alka Singh appealed a Small Claims Court decision that struck her claim against Air Canada on the basis that the assignment of claims from her sister and niece was invalid and champertous.
The Divisional Court held that the Conveyancing and Law of Property Act applies to personal property and choses in action, not just real property.
The court also found that the assignment did not violate the rules against champerty and maintenance because the appellant had a pre-existing financial interest and familial relationship.
The appeal was allowed, the order striking the pleadings was set aside, and the appellant was granted leave to amend her claim.
