Christian C. Chijindu

The appellants appealed a Superior Court judgment dismissing their application for a refund of $13,000 plus interest.

The respondent argued the Court of Appeal lacked jurisdiction.

The Court of Appeal agreed and quashed the appeal, holding that under s. 19(1.2)(c) of the Courts of Justice Act, an appeal from a final order dismissing a claim for less than $50,000 lies to the Divisional Court.

The plaintiff brought an ex parte motion for a Mareva injunction and a Norwich order against the defendant, alleging fraud and embezzlement of over $1.8 million USD.

The plaintiff claimed it transferred funds to the defendant's Canadian bank account for equipment that was never delivered, and that the defendant falsely claimed his business was bankrupt.

The court found the plaintiff established a strong prima facie case and granted the orders freezing the defendant's assets and requiring the bank to disclose account information to assist in tracing the funds.