Alexandrov v. Csanyi et al., (2009) 247 O.A.C. 228 (DC)

• Judge: Low, J.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: March 12, 2009
• Jurisdiction: Ontario
• Citations: (2009), 247 O.A.C. 228 (DC)

Alexandrov v. Csanyi (2009), 247 O.A.C. 228 (DC)

MLB headnote and full text

Temp. Cite: [2009] O.A.C. TBEd. AP.032

Vaerii Alexandrov v. Gergely Csanyi, Lidija Mezei, and GLC Transport

(SC-08-068129-0000; SC-08-068129-00D1; CV-08-CT068129-0000; CV-08-CT068129-00D1)

Indexed As: Alexandrov v. Csanyi et al.

Court of Ontario

Superior Court of Justice

Divisional Court

Low, J.

March 13, 2009.

Summary:

The plaintiff truck driver alleged that the defendants hired him to be co-driver with the defendant, Csanyi. The employment ended when the plaintiff and Csanyi were in an accident. The plaintiff was driving. The plaintiff commenced an action in the Small Claims Court for unpaid wages of $7,429. The defendants defended the claim and asserted a set-off of $5,000. The defendants also brought their own claim in the Small Claims Court claiming $10,000, the limit of the court's jurisdiction, and alleging damages of $1,000,000 in the body of the claim. It was alleged that Csanyi suffered personal injuries as a result of the plaintiff's negligence in the accident. The defendants moved for an order transferring both their Small Claims Court action and the plaintiff's action into the Superior Court, for an order consolidating the actions or for trial together or one immediately after the other, or, alternatively, for an order transferring the defendants' action into the Superior Court and staying the plaintiff's Small Claims Court action.

The Ontario Superior Court dismissed the motion. The defendants sought leave to appeal that order.

The Ontario Divisional Court, per Low, J., dismissed the motion for leave to appeal.

Practice - Topic 9765

Small claims - Transfers out of Small Claims Court - The plaintiff alleged that the defendants hired him to be co-driver with the defendant, Csanyi - The employment ended when the plaintiff and Csanyi were in an accident - The plaintiff was driving - The plaintiff sued in the Small Claims Court for unpaid wages of $7,429 - The defendants defended the claim and asserted a $5,000 set-off - The defendants also brought a claim in the Small Claims Court claiming $10,000, the limit of the court's jurisdiction, and alleging damages of $1,000,000 in the body of the claim in relation to the plaintiff's negligence in the accident - The defendants sought, inter alia, an order transferring their action and the plaintiff's action into the Superior Court - The motion was dismissed - The defendants moved for leave to appeal - The Ontario Divisional Court, per Low, J., dismissed the motion - There was no good reason to doubt the correctness of the order refusing to transfer the defendants' claim into the Superior Court - The fact that the defendants commenced a claim in the Small Claims Court seeking $10,000 in the prayer for relief while alleging damages of $1,000,000 did not make that court the "wrong court" as contemplated in s. 110 of the Courts of Justice Act - There was no evidence of a new fact that changed the original basis of the defendants' claim - The limitation period had not lapsed and the defendants could still commence a new action in the Superior Court and discontinue their small claims action - There was also no basis to transfer the plaintiff's claim - The plaintiff was entitled to choose his forum and, given the nature and quantum of the claim, he chose the appropriate forum - In any event, where there had been no transfer of the defendants' claim, consideration of a transfer of the plaintiff's claim would be academic.

Cases Noticed:

Tawfik v. Baker and Baker (1992), 10 O.R.(3d) 569 (Gen. Div.), refd to. [para. 9].

Mrzlecki v. Kusztos (1987), 59 O.R.(2d) 301 (H.C.), refd to. [para. 12].

Vigna v. Toronto Stock Exchange et al. (1998), 115 O.A.C. 393 (Div. Ct.), refd to. [para. 15].

Ram Western Express Ltd. v. Baskin et al., [2004] O.T.C. 740 (Sup. Ct.), refd to. [para. 22].

Hillcrest Housing Ltd. and Clans Ltd., Re (1985), 56 Nfld. & P.E.I.R. 237; 168 A.P.R. 237; 7 C.P.C.(2d) 60 (P.E.I.S.C.), refd to. [para. 22].

Statutes Noticed:

Courts of Justice Act, R.S.O. 1990, c. C-43, sect. 110 [para. 9].

Counsel:

Claudia Scherman, for the defendants, moving parties;

Valerii Alexandrov, plaintiff, in person.

This motion was heard on March 12, 2009, before Low, J., of the Ontario Divisional Court, who delivered the following endorsement on March 13, 2009.