Pardar v. McKoy, 2011 ONSC 2549
DIVISIONAL COURT FILE NO.: 213/10
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
J. WILSON, SWINTON AND LOW JJ.
BETWEEN:
KANIKA PARDAR Applicant
– and –
CALVIN MCKOY Respondent
David Smagata and Fergal C. Murphy, for the Applicant
Stephen A. Young, for the Respondent
HEARD at Toronto: April 21, 2011
ORAL REASONS FOR JUDGMENT
J. WILSON J. (orally)
1The respondent, Calvin McKoy, commenced proceedings in the Small Claims Court against the applicant for damages arising from a motor vehicle accident. The applicant, Kanika Pardar, subsequently brought a motion seeking to prevent the respondent’s representative, Mark Sarges – a paralegal, from representing him in those proceedings. The motion was dismissed on April 20, 2010 by Deputy Judge Ashby. The applicant seeks judicial review of this interlocutory order.
2The Divisional Court has jurisdiction to hear an appeal from a final order of the Small Claims Court pursuant to s.31 of the Courts of Justice Act.
3This Court also has jurisdiction to judicially review decisions of a Small Claims Court judge including interlocutory orders. However, as was said in the decision Peck v. Residential Property Management Inc., 2009 38504 (ON SCDC), [2009] O.J. No. 3064 (Div. Ct.):
“[T]his Court is reluctant to interfere with a decision of a Small Claims Court judge on judicial review unless it is an order made without jurisdiction or in breach of principles of natural justice.” (para. 3)
4The Small Claims Court has jurisdiction to determine who may appear before it. There has been no breach of natural justice.
5This is, in essence, an appeal. We reiterate what this Court said in Peck, para. 4:
“The purpose of Small Claims Court is to provide expeditious and low cost settlement of monetary disputes. That purpose is reflected in the legislation that does not permit an appeal from interlocutory orders.”
6Therefore, this application for judicial review is dismissed.
7Costs fixed in the amount of $5,000.00, inclusive of HST and disbursements.
J. WILSON J.
SWINTON J.
LOW J.
Date of Reasons for Judgment: April 21, 2011
Date of Release: May 3, 2011
CITATION: Pardar v. McKoy, 2011 ONSC 2549
DIVISIONAL COURT FILE NO.: 213/10
DATE: 20110421
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
J. WILSON, SWINTON AND LOW JJ.
BETWEEN:
KANIKA PARDAR Applicant
– and –
CALVIN MCKOY Respondent
ORAL REASONS FOR JUDGMENT
J. WILSON J.
Date of Reasons for Judgment: April 21, 2011
Date of Release: May 3, 2011