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The Court of Appeal lacks jurisdiction to entertain appeals from Supreme Court orders made in appeals from Provincial Court small claims proceedings because the Small Claims Act explicitly precludes appeals from such Supreme Court orders (s.13(2)), and that statutory bar prevails over the Court of Appeal Act, thus the appeal must be quashed.
Source excerpt
Appeal in a Small Claims Act matter about payment for stucco work. The court corrected the style of cause, reduced the award, and relied on budget and quote evidence.
La Cour d’appel a rejeté l’appel pour absence de compétence, jugeant que la Small Claims Act limitait l’appel et qu’aucun nouveau procès n’était justifié.
The Court of Appeal declined to hear a small claims-related appeal, holding it lacked jurisdiction because the Supreme Court order was final under the Small Claims Act.
The court held Soccer Quest was substantially successful and awarded Supreme Court costs on Scale B, while Ice Box received Scale B costs on its counterclaim.
The court held the plaintiff had sufficient reason to sue in Supreme Court despite a modest damages award, so Rule 57(10) did not limit recovery to disbursements.
The Supreme Court of British Columbia allowed an appeal from Small Claims Court, holding that a consulting agreement was binding despite the respondent’s claim of unilateral mistake.
Ruling on costs after two related actions tried together. The court awarded scale 3 costs to Mr. Geraci and Upper Stikine, refused a Bullock order, and directed taxation in Smithers if needed.
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