The Ontario Court of Appeal considered whether the Administrative Judge of the Small Claims Court has jurisdiction to make orders under s. 137.1 of the Courts of Justice Act (Anti-SLAPP provisions).
The court found that such jurisdiction lies exclusively with Superior Court judges, based on statutory interpretation, prior jurisprudence (Bruyea, Nanda, Ontario College of Teachers), and the incompatibility of the complex s. 137.1 process with the summary nature and rules of the Small Claims Court.
The appeals were allowed, confirming the Administrative Judge's lack of jurisdiction.
