Rana v. Unifund Assurance Company, 2014 ONCA 711

ENDORSEMENT

1The appellant appeals the order requiring her to file a fresh Statement of Claim. She submitted that the motion judge erred in three ways:

1. by refusing her request to transfer the claim from the Small Claims Court to the Superior Court;

2. by creating a reasonable apprehension of bias; and

3. by making no order as to costs.

2The motion judge was correct to require a fresh Statement of Claim in the Superior Court. The appellant’s Small Claims Court Claim was improper because it included references to settlement discussions; there were procedural issues that were avoided with a fresh claim; and the appellant is not in any way prejudiced. The Court has jurisdiction over its own process and it was within the discretion of the motion judge to make the order she did.

3There is nothing in the record to create the apprehension of bias.

4The motion judge is entitled to deference on the issue of costs. In our view, it was appropriate to make no order as to costs. Therefore, leave to appeal costs is granted but the appeal as to costs is dismissed.

5The appeal is dismissed with costs fixed at $5,000 inclusive of disbursements and applicable taxes.