The plaintiffs brought a motion to transfer four Small Claims Court actions to the Superior Court of Justice and consolidate them with a newly commenced Superior Court action seeking injunctive relief.
The defendants opposed the motion, arguing it was an abuse of process.
The court dismissed the motion, finding that the plaintiffs failed to show their initial choice of Small Claims Court was a mistake or that a just result could not be obtained there.
The court stayed the Superior Court action pending the outcome of the Small Claims Court trial, noting that if the plaintiffs are successful and damages are inadequate, they may seek to lift the stay for injunctive relief.
