The appellant appealed a Small Claims Court order dismissing her action for unpaid rent and misappropriated funds against her former partner.
The Deputy Judge had dismissed the action on the basis that it should be dealt with in the parties' family law action.
The Divisional Court found the Deputy Judge erred, as the Ontario Court of Justice had already struck the property claims for lack of jurisdiction.
Rather than remitting the matter, the Divisional Court granted judgment for the appellant, awarding $4,715 for unpaid rent and misappropriated funds, $1,000 in punitive and aggravated damages, and $2,500 in costs.
