The applicant sought an order to transfer six separate Small Claims Court actions to the Superior Court of Justice and consolidate them into a single action, arguing they were improperly brought or that the court should exercise its inherent jurisdiction.
The court found that the actions were properly brought in Small Claims Court as each was founded upon a separate cause of action, not a division of a single cause.
The court declined to exercise its inherent jurisdiction to transfer, emphasizing that such discretion should be rarely exercised.
It determined that the actions were not complex, did not require expert evidence, and were ready for trial in Small Claims Court, and that transferring them would increase costs and delay, negatively impacting access to justice.
The application was dismissed.