Kyle Lambert

The self-represented plaintiff brought an application to transfer her Small Claims Court action against Rogers Communications Inc. to the Superior Court of Justice and to add the CRTC and CCTTS as defendants.

The plaintiff originally sought $1,858.83 for alleged overcharges and issues related to cellphone repairs and account termination.

The court dismissed the application, finding that the plaintiff failed to demonstrate that a transfer was necessary for a just and fair resolution of her claim, as her monetary claim was well within the Small Claims Court's jurisdiction and she failed to provide a proposed statement of claim outlining any equitable relief or viable causes of action against the proposed defendants.

The self-represented plaintiff brought a motion to set aside a previous order that dismissed her motion to transfer a Small Claims Court action to the Superior Court.

The previous motion was dismissed because the plaintiff failed to appear when called, having been directed to the wrong courtroom.

The court held that Rule 37.14, rather than Rule 38.11, applied because the dismissed motion was interlocutory.

Emphasizing the principles of access to justice and the liberal interpretation of the Rules, the court set aside the dismissal order and permitted the plaintiff to reschedule her transfer motion.