Vincent Stabile

The appellant appealed a Small Claims Court decision dismissing her solicitor negligence action as statute-barred.

The Divisional Court held that the Small Claims Court has jurisdiction to hear a motion for summary judgment to dismiss an action where the limitation period has clearly expired.

The court found the limitation period began to run when the solicitor ceased acting for the appellant and the damage was suffered, making the action out of time.

The court also found no evidence that the respondent waived the limitation period.

The appeal was dismissed.

The appellants challenged an order in a bankruptcy proceeding concerning ownership of property and the bona fides of an alleged trust in favour of one respondent.

The Court of Appeal held that the motion judge acted within his discretion under the bankruptcy rules in deciding the merits on a motion rather than directing a trial of an issue, particularly given the appellants' primary position below.

Although conflicting evidence could have supported a different finding, the finding made was open to the motion judge on the totality of the record.

The appeal was dismissed with costs.