Miller Lake Learning Services Inc. v. Latta

Miller Lake Learning Services Inc. v. Latta

The application for a stay was denied as to Miller Lake Learning Services Inc. because the Supreme Court action did not include Miller Lake and the contract issues involving Miller Lake are severable and properly heard in Small Claims Court; defamation claims are beyond Small Claims jurisdiction and the counterclaim against the non‑party/third person (Toby Humphreys) was improper and is struck or severed from these proceedings; accordingly specified paragraphs of the Amended Defence and Counterclaim were struck, the defendant Kimberley Latta is ordered to appear personally (as agent for the corporate defendant), Charles D. Lienaux is discharged from further appearance without leave, and...

Citation
2009 NSSM 59
Parties
Claimant / Defendant by Counterclaim: Miller Lake Learning Services Inc.; Defendant / Claimant by Counterclaim (individual): Kimberley Latta; Defendant / Claimant by Counterclaim (corporate): Bedford Learning Centre Inc.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
28 December 2009
Procedural Posture
Small Claims Court Action (contract Dispute; Counterclaim; Concurrent Supreme Court Proceedings) / Decision on Application for Stay of Proceedings and Interlocutory Motions; Order for Severance, Striking of Parts of Counterclaim and Rehearing Before Another Adjudicator
Outcome
Application for stay dismissed as to Miller Lake Learning Services Inc.; counterclaim against Toby Humphreys struck/severed; specified paragraphs of Amended Defence and Counterclaim struck or amended; matter adjourned for rehearing before another Adjudicator; Charles D. Lienaux discharged and Kimberley Latta to...
Legal Topics
Stay of Proceedings, Severance of Claims, Jurisdiction of Small Claims Court, Res Judicata/issue Estoppel, Solicitor Client Privilege, Agent Appearance Rules, Striking Pleadings
Source Language
English
Contract Law Civil Procedure Defamation Law Copyright Law Professional Conduct/ethical Rules Stay of Proceedings Severance of Claims Jurisdiction of Small Claims Court +4 more

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Parties

Miller Lake Learning Services Inc.

Claimant / Defendant by Counterclaim

Kimberley Latta

Defendant / Claimant by Counterclaim (individual)

Bedford Learning Centre Inc.

Defendant / Claimant by Counterclaim (corporate)

Procedural Posture

Small Claims Court Action (contract Dispute; Counterclaim; Concurrent Supreme Court Proceedings) / Decision on Application for Stay of Proceedings and Interlocutory Motions; Order for Severance, Striking of Parts of Counterclaim and Rehearing Before Another Adjudicator

Legal Issues

  1. 1 Whether the Small Claims proceedings should be stayed because a related action was commenced in the Supreme Court
  2. 2 Whether Small Claims Court has jurisdiction to adjudicate defamation or copyright infringement claims
  3. 3 Whether the counterclaim and related allegations should be severed or struck and whether claims against a third party (Toby Humphreys) are properly before the Court

Ratio Decidendi

The application for a stay was denied as to Miller Lake Learning Services Inc. because the Supreme Court action did not include Miller Lake and the contract issues involving Miller Lake are severable and properly heard in Small Claims Court; defamation claims are beyond Small Claims jurisdiction and the counterclaim against the non‑party/third person (Toby Humphreys) was improper and is struck or severed from these proceedings; accordingly specified paragraphs of the Amended Defence and Counterclaim were struck, the defendant Kimberley Latta is ordered to appear personally (as agent for the corporate defendant), Charles D. Lienaux is discharged from further appearance without leave, and...

Court Disposition

Application for stay dismissed as to Miller Lake Learning Services Inc.; counterclaim against Toby Humphreys struck/severed; specified paragraphs of Amended Defence and Counterclaim struck or amended; matter adjourned for rehearing before another Adjudicator; Charles D. Lienaux discharged and Kimberley Latta to...

Orders

  • Motion for a stay or dismissal of the claim between Miller Lake Learning Services Inc. and Kimberley Latta and Bedford Learning Centre Inc. is denied
  • The counterclaim against Toby Humphreys is struck/severed so it may be tried in Supreme Court (counterclaim against her removed from Small Claims matter)