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.
