Court File and Parties

CITATION: Intercontinental Music Ltd. v. Ottawa Better Business Bureau, 2015 ONSC 1905

COURT FILE NO.: 12-DC-1925, 13-DC-1928, 13-DC-1929, 13-DC-1930, 13-DC-1931

DATE: 2015/03/30

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Intercontinental Music Ltd., Appellants

AND:

Ottawa Better Business Bureau et al, Respondents

BEFORE: Justice Patrick Smith

COUNSEL: Giusto Truglia – self-represented

Christopher Hart - Counsel, for the Respondents Ottawa Better Business Bureau, John Copeland and Kim Dullet,

Dalton McGuinty Jr. - Counsel for the Respondent Christopher Hart

The Respondent, Alison Quartaro did not appear and was not represented by Counsel

HEARD: March 18, 2015

ENDORSEMENT

Factual Background

[1] The Appellant, Intercontinental Music Ltd. commenced an action against the Ottawa Better Business Bureau on February 14, 2011 in the Ottawa Small Claims Court. The action was based upon libel and breach of contract.

[2] The action was brought to trial on July 25, 2012. The Respondent, Kim Dullet (Dullet) represented the Defendant at trial.

[3] During the trial the Respondents, Alison Quartaro (Quartaro) and John Copeland (Copeland) were called as witnesses for the Defendant.

[4] The action was dismissed without costs.

[5] In November 2012, the Appellant commenced separate actions against the Respondents Quartaro, Dullet and Copeland.

[6] The Respondent Christopher Hart (Hart) was retained to represent Dullet and Copeland.

[7] In December 2012, Hart served the Appellant with offers to settle in the Copeland and Dullet actions.

[8] On January 11, 2013 the Appellant issued a new action (the second action) against the Ottawa Better Business Bureau and a number of its employees.

[9] On January 14, 2013 the Appellant commenced an action against Hart.

[10] In a hearing before Deputy Judge Houlahan on May 17, 2013 the second Ottawa Better Business Bureau action, the Copeland action, the Quartaro action, the Dullet action and the Hart action were struck pursuant to Rule 12.02 of the Rules of the Small Claims Court, O.Reg. 258/98 on the basis of cause of action estoppel.

[11] On June 17, 2013 this appeal from the decision made on May 17, 2013 was commenced.

Analysis

[12] Rule 12.02 of the Rules of the Small Claims Court provides, inter alia, that a court may, on motion, strike out an action where there is no reasonable cause of action.

[13] Section 25 of the Courts of Justice Act states that the Small Claims Court is to “hear and determine in a summary way all questions of law and fact” and may make “such order as is considered just and agreeable to good conscience”.

[14] The Appellant has not demonstrated that Deputy Judge Houlahan lacked the jurisdiction to dismiss Intercontinental’s claim or that he improperly applied the provisions of Rule 12.02.

[15] Further, there is no evidence to suggest that Deputy Judge Houlahan erred in dismissing the claim on the basis of the doctrine of cause of action estoppel.

[16] Accordingly, the appeal has no merit and is dismissed.

[17] There is no reason why costs should not follow the event. Costs are fixed in the amount of $1,000.00 payable forthwith to each of the Respondents, Ottawa Better Business Bureau, Dullet, Copeland and Hart.

Justice Patrick Smith

Date: March 30, 2015