Court of Appeal for Ontario
Citation: Rana v. Unifund Assurance Company, 2014 ONCA 711
Date: 20141020
Docket: C58392
Before: Epstein, van Rensburg and Benotto JJ.A.
Between
Kris Rana
Plaintiff (Appellant)
and
Unifund Assurance Company
Defendant (Respondent)
Counsel:
Kris Rana, appearing in person
Evelyn Ten Cate, for the respondent
Heard: September 26, 2014
On appeal from the judgment of Justice Frances P. Kiteley of the Superior Court of Justice, dated January 23, 2014.
ENDORSEMENT
[1] The appellant appeals the order requiring her to file a fresh Statement of Claim. She submitted that the motion judge erred in three ways:
by refusing her request to transfer the claim from the Small Claims Court to the Superior Court;
by creating a reasonable apprehension of bias; and
by making no order as to costs.
[2] The 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.
[3] There is nothing in the record to create the apprehension of bias.
[4] The 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.
[5] The appeal is dismissed with costs fixed at $5,000 inclusive of disbursements and applicable taxes.
"Gloria Epstein J.A."
"K. van Rensburg J.A."
"M.L. Benotto J.A."