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The court dismissed an application to convert a strata petition into an action so the respondent could advance counterclaims, leaving the petition to proceed in chambers.
On a Legal Profession Act bill review, the registrar held costs could be fixed at any Rule 14-1 scale, denied special costs, awarded Scale C costs, and added pre-judgment interest.
The court dismissed contempt and forced sale requests, found two prohibited direct communications, and ordered assessment of alleged s. 133 SPA costs by the registrar.
The court declined to award special costs for the Provincial Court Small Claims proceedings, holding those costs must be determined in Provincial Court, and awarded ordinary appeal costs to the respondent.
Adjudicator held the Small Claims Court can, under the principles of natural justice in s.2, grant remedies such as a stay in appropriate cases, but on the facts the defendant failed the stay test: lack of disclosure/discovery and the possibility of res judicata/issue estoppel do not, by themselves, amount to a denial of natural justice or abuse of process; consequently the stay motion was dismissed and the matter was set for trial.
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Section 31 of the Small Claims Court Act must be interpreted to permit the Small Claims Court, within its statutory limits, to issue Orders in aid of execution (including discovery examinations) so that its judgments and execution orders are practically enforceable; therefore the application for a discovery in aid of execution is granted and the claimant must submit an order specifying time, place and personal service at least ten days in advance.
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