R. Christensen

The plaintiff appealed a Small Claims Court order that dismissed its claim for an unpaid credit card debt.

The motion judge had dismissed the claim on her own initiative, without notice or submissions, on the basis that it was barred by the limitation period.

The Divisional Court allowed the appeal, finding that the judge failed to follow the mandatory notice and submission requirements under Rule 12.02 of the Rules of the Small Claims Court.

The matter was remitted back to the Small Claims Court for trial.

The appellant appealed a Small Claims Court decision that ordered the respondent to pay a reduced amount for a credit card debt.

The trial judge had excluded the appellant's affidavit and attached business records because they were served 23 days before trial instead of the required 30 days, and because the business records were not qualified under the Evidence Act.

The Divisional Court allowed the appeal, finding the trial judge made palpable and overriding errors by failing to exercise discretion to admit the evidence, especially since the respondent did not dispute the debt amount or interest rate and suffered no prejudice.

Judgment was varied to award the appellant the outstanding balance at the contractual interest rate.