R. Rossi

The plaintiff brought a motion in Small Claims Court seeking an extensive disclosure order requiring the defendants to produce various supplier and fabricator invoices related to a home renovation project.

The plaintiff alleged overbilling by the defendants.

The Deputy Judge dismissed the motion, finding that the Small Claims Court has no jurisdiction to order general discovery or production of documents on a motion.

Such an order can only be made by a settlement conference judge under Rule 13.05(2)(a)(vi) of the Rules of the Small Claims Court.

The defendant insurer brought a motion to dismiss the plaintiff's claim regarding a stolen vehicle as statute-barred.

The plaintiff's vehicle was allegedly stolen in October 2023, and the insurer denied coverage in December 2023, advising of the one-year limitation period.

The plaintiff did not commence the action until May 2025.

The court found the action was commenced beyond the one-year limitation period prescribed by the Insurance Act and dismissed the claim under Rule 12.02(1).