The moving party sought to set aside a single judge's order refusing to transfer its application for judicial review of a Small Claims Court decision to a panel of the Divisional Court.
The underlying Small Claims Court claim was for less than $2,500, meaning no statutory right of appeal existed.
The Divisional Court panel held that while it has jurisdiction to judicially review Small Claims Court decisions, it retains discretion to refuse relief.
The panel dismissed the motion, finding the application was a disguised appeal and a frivolous use of court resources.
