The plaintiff moved to reduce a previously issued Superior Court action for accident benefits from over $200,000 to $25,000 and transfer the matter to Small Claims Court.
The court considered the procedural history, including the advanced stage of the litigation, prior mediation, documentary exchanges, and the defendant’s incurred legal costs.
The court held that the action had been deliberately commenced in the Superior Court and significant procedural steps had already occurred that would not have been necessary in Small Claims Court.
Given the prejudice to the defendant and inefficiencies created by a transfer, the request was refused.
The plaintiff was granted leave to amend the claim to under $100,000 and proceed under Rule 76 (simplified procedure) instead.
