Regan S. Christensen

The appellant appealed a Small Claims Court assessment judgment that awarded post-judgment interest at the statutory rate rather than the contractual rate of 19.8%, and reduced the claimed disbursements without providing reasons.

The Divisional Court allowed the appeal, finding that the Assessment Judge erred in law by failing to follow binding authority requiring the application of the contractual rate for post-judgment interest absent exceptional circumstances.

The Court also granted leave to appeal the costs order, holding that the failure to provide reasons for departing from the presumptive entitlement to reasonable disbursements justified appellate intervention.

The judgment was varied to award the full claimed disbursements and post-judgment interest at the contractual rate.

The appellant bank appealed a Small Claims Court judgment that awarded postjudgment interest at the Courts of Justice Act rate rather than the contractual rate of 19.8%.

The Divisional Court found that the Deputy Judge erred in law by failing to provide reasons for departing from the contractual rate and by failing to follow binding authority which requires the contractual rate to be applied absent exceptional circumstances.

The appeal was allowed and postjudgment interest was set at 19.8% per annum.

The appellant appealed a Small Claims Court decision refusing his request for an adjournment and granting judgment to the respondent for outstanding credit card debt.

The appellant argued the Deputy Judge failed to consider his vulnerability as a self-represented litigant.

The Superior Court of Justice dismissed the appeal, finding that the appellant had raised no valid defence to the debt and that an adjournment would only delay the inevitable and prejudice the respondent.

The court also ordered the severance of the joint tenancy on the appellant's property to allow the respondent to register the debt.