CITATION: S & Y Insurance Company v. 2184438 Ontario Inc. (Swift Rent-a-Car), 2025 ONSC 5902
DIVISIONAL COURT FILE NO.: DC-25-000036
DATE: 20251016
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
J.A. Ramsay, S.T. Bale and M. Faieta JJ.
BETWEEN:
Anughav Sharma and S & Y Insurance Company
Applicant
(Defendants)
– and –
2184438 Ontario Inc. o/a Swift Rent-a-Car
Respondent
(Plaintiff)
Clarence Lui and Spencer Wong, for the Applicant
Brigette Morrison, for the Respondent
HEARD at Brampton by video conference: October 16, 2025
ORAL REASONS FOR JUDGMENT
J.A. Ramsay J.
[1] This is an application for judicial review of the interlocutory decision of Deputy Judge Anderson of the Small Claims Court. The plaintiff respondent rented a car to the defendant Sharma when his own car was damaged in an accident. He then got into an accident in the rented car. The applicant defendant S & Y Insurance is Sharma’s collision insurer. It denied coverage for both cars when Sharma failed to cooperate with their investigation to their satisfaction. Only the rented car is the subject matter of the present action. The plaintiff sues Sharma and sues S & Y Insurance Company under a provision in the contract which it says gives it the right to sue on Sharma’s behalf. The central issue in the trial, said to be more important than the case itself because of its precedential value, is whether Swift can sue S & Y.
[2] Two weeks before trial, the respondent subpoenaed two employees of S & Y to bring with them certain documents to the trial. Counsel concedes that these documents are desired on the question of how the claim was adjusted as opposed to the respondent’s right to sue S & Y Insurance Company. On July 5, 2024, the first trial date, Deputy Judge Oliver ordered the applicant to produce the documents and adjourned the trial. On December 2, 2024, the next trial date, Deputy Judge Wood ordered the respondent to bring a motion to clarify the scope of the documents to be produced. The motion was brought before Deputy Judge Anderson on March 4, 2025. Also heard at that time was the applicant’s motion to vary Deputy Judge Oliver’s order. Deputy Judge Anderson declined to do so on the basis that production of documents was within the discretion of the trial judge and ordered the applicant to pay $1,127 costs. In the present application, only Deputy Judge Anderson’s orders are challenged.
[3] The motion judge was right to refer the question of the admissibility to the trial judge: Allen v. Morissette, [1993] O.J. No. 152 (C.A.). Deputy Judge Oliver did not seize himself and was not the trial judge and had no jurisdiction to order production. But Deputy Judge Anderson had no jurisdiction to set aside the order. A deputy judge has no jurisdiction to set aside the order of another deputy judge. The order of Deputy Judge Wood did not give her any such jurisdiction.
[4] There was no excess of jurisdiction in ordering costs. As a judge deciding a motion Deputy Judge Anderson had jurisdiction to order more than $100 under s. 29 of the Courts of Justice Act and Rule 19.06 of the Rules of the Small Claims Court.
[5] Nothing before us amounts to the exceptional circumstance in which this court would review the interlocutory decision of a small claims deputy judge. There was no excess of jurisdiction or denial of natural justice that would make a new proceeding inevitable. This is not a case in which this court should intervene.
[6] The matter will go to trial, the witnesses will bring with them the subpoenaed documents and the trial judge will make the necessary decisions without regard to Deputy Judge Oliver’s order. The trial judge will decide whether any documents are to be delivered under seal or otherwise.
[7] The application is dismissed.
[8] Costs are awarded to the successful respondent in the amount of $15,000 all-inclusive.
[9] The $1,127 paid into court under the order of Trimble J. is released to the respondent.
“J.A. Ramsay J.”
“I agree S.T. Bale J.”
“I agree M. Faieta J.”
Date of Release: October 21, 2025
CITATION: S & Y Insurance Company v. 2184438 Ontario Inc. (Swift Rent-A-Car), 2025 ONSC 5902
DIVISIONAL COURT FILE NO.: DC-25-000036
DATE: 20251016
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
J.A. Ramsay, S.T. Bale and M. Faieta JJ.
BETWEEN:
Anughav Sharma and S & Y Insurance Company
Applicant
(Defendants)
– and –
2184438 Ontario Inc. o/a Swift Rent-a-Car
Respondent
(Plaintiff)
ORAL REASONS FOR JUDGMENT
J.A. Ramsay J.
Date of Release: October 21, 2025