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Motion to transfer action from Small Claims Court to Superior Court granted to allow full claim.
The plaintiff condominium corporation commenced an action in Small Claims Court for unpaid common expenses.
It subsequently sought to transfer the action to the Superior Court of Justice to claim additional relief, including an oppression remedy, a compliance order, and damages exceeding the Small Claims Court monetary limit.
The defendants opposed the transfer, arguing the plaintiff had already taken significant steps in the Small Claims Court.
The court granted the motion, finding that despite the delay, the plaintiff should be permitted to pursue its claim in its full dimensions, though the defendants were awarded costs thrown away.
