The defendant brought a motion to transfer a Small Claims Court action to the Superior Court of Justice where the defendant had filed a counterclaim exceeding the monetary jurisdiction of the Small Claims Court.
The counterclaim alleged breach of fiduciary duty and sought damages representing the value of an equity golf club membership allegedly confiscated following changes to membership policies.
The court held that the issues raised required documentary discovery, expert valuation evidence, and consideration of equitable claims not suitable for Small Claims Court procedures.
Applying principles from prior authority, the court found that transfer would promote the just, most expeditious, and least expensive determination of the dispute and avoid a multiplicity of proceedings.
The matter was ordered transferred to the Superior Court of Justice.
