Autometric Autobody Inc. v. High Performance Coatings Inc., (2014) 328 O.A.C. 197 (DC)

JudgeHambly, D. Brown and Gilmore, JJ.
CourtSuperior Court of Justice of Ontario (Canada)
Case DateOctober 20, 2014
JurisdictionOntario
Citations(2014), 328 O.A.C. 197 (DC);2014 ONSC 6073

Autometric v. High Performance (2014), 328 O.A.C. 197 (DC)

MLB headnote and full text

Temp. Cite: [2014] O.A.C. TBEd. DE.033

Autometric Autobody Inc. (plaintiff/respondent) v. High Performance Coatings Inc. (defendant/appellant)

(DC-13-0062-00; 2014 ONSC 6073)

Indexed As: Autometric Autobody Inc. v. High Performance Coatings Inc.

Court of Ontario

Superior Court of Justice

Divisional Court

Hambly, D. Brown and Gilmore, JJ.

October 20, 2014.

Summary:

High Performance Coatings Inc. (HPC) commenced a small claims action against Autometric Autobody Inc., seeking liquidated damages in the amount of $22,927.70 for goods sold and delivered. Autometric filed a counterclaim seeking damages of $25,000, alleging that HPC had agreed, in May 2009, to remove and sell certain Autometric equipment and to pay Autometric the sale proceeds. Autometric alleged that HPC failed to pay it the sale proceeds or return the removed equipment. Autometric also alleged that it had lost revenue as a result of defective paint that it had purchased from HPC. Two weeks before the small claims trial, Autometric commenced an action against HPC in the Superior Court, seeking damages of $45,783.10 for the breach of the May 2009 agreement and the supply of defective paint. Autometric moved for leave to amend its small claims counterclaim to increase the damages claimed to $45,783.10, and for leave to transfer the counterclaim to the Superior Court. The motion judge granted the motion, ordering both HPC's claim and the counterclaim to be transferred to the Superior Court and tried together with Autometric's Superior Court action. HPC appealed.

The Ontario Divisional Court allowed the appeal. HPC's small claims action and the counterclaim were to continue in the Small Claims Court. No relief was ordered with respect to Autometric's Superior Court action.

Courts - Topic 7551

Provincial courts - Ontario - Small Claims Court - Jurisdiction - Transfer of action - [See Practice - Topic 9765] .

Practice - Topic 9765

Small claims - Transfers out of Small Claims Court - High Performance Coatings (HPC) commenced a small claims action against Autometric Autobody, seeking damages for goods sold and delivered - Autometric counterclaimed, seeking damages of $25,000 - It alleged that HPC failed to pay it the sale proceeds or return Autometric equipment that HPC had agreed to remove and sell in May 2009 - Autometric also alleged that it had lost revenue as a result of defective paint that it had purchased from HPC - Two weeks before the small claims trial, Autometric commenced an action against HPC in the Superior Court, seeking damages of $45,783.10 for the breach of the May 2009 agreement and the supply of defective paint - A motion judge granted Autometric's motion for leave to amend its counterclaim to increase the damages claimed to $45,783.10, and for leave to transfer the counterclaim to the Superior Court - The motion judge ordered both HPC's claim and the counterclaim to be transferred to the Superior Court and tried together with Autometric's Superior Court action - The Ontario Divisional Court allowed HPC's appeal and set aside the motion judge's order - The motion judge erred by focusing only on whether the transfer of the small claims action would prejudice HPC - She should have asked whether the issues raised in the small claims action and counterclaim were capable of being justly and fairly resolved by the procedures available in the Small Claims Court - Had the proper inquiry been made, it was clear from the pleadings that the issues were more than capable of being justly and fairly resolved by small claims procedures.

Cases Noticed:

Vigna v. Toronto Stock Exchange et al. (1998), 115 O.A.C. 393 (Div. Ct.), refd to. [para. 7, footnote 2].

Vista Sudbury Hotel Inc. v. Double T Earth Moving Ltd., [2011] O.T.C. Uned. 3454; 2011 ONSC 3454, refd to. [para. 12, footnote 4].

Counsel:

No one appearing for the respondent;

G. Barosan, for the appellant.

This appeal was heard at Brampton, Ontario, on October 20, 2014, before Hambly, D. Brown and Gilmore, JJ., of the Ontario Divisional Court. The following judgment was delivered for the court by D. Brown, J., on the same date.

To continue reading

Request your trial
5 practice notes
  • Court Of Appeal Summaries (December 6-10 And 13-17, 2021)
    • Canada
    • Mondaq Canada
    • December 23, 2021
    ...Court, Transfer, Rules of the Small Claims Court, O. Reg 258/98, r. 13.05(2), Autometric Autobody Inc. v. High Performance Coatings Inc., 2014 ONSC 6073, Crane Canada Co. v. Montis Sorgic Associates Inc., [2006] O.J. No. 1999, Farlow v. Hospital for Sick Children, 100 O.R. (3d) 213, Vigna v......
  • Court Of Appeal Summaries (December 6-10 And 13-17, 2021)
    • Canada
    • Mondaq Canada
    • December 23, 2021
    ...Court, Transfer, Rules of the Small Claims Court, O. Reg 258/98, r. 13.05(2), Autometric Autobody Inc. v. High Performance Coatings Inc., 2014 ONSC 6073, Crane Canada Co. v. Montis Sorgic Associates Inc., [2006] O.J. No. 1999, Farlow v. Hospital for Sick Children, 100 O.R. (3d) 213, Vigna v......
  • Intangible Justice? Intellectual Property Disputes and Canadian Small Claims Courts.
    • Canada
    • Queen's Law Journal Vol. 47 No. 2, March 2022
    • March 22, 2022
    ...be in the form of liquidated sum, one wonders if these cases are correct. See Autometric Autobody Inc v High Performance Coatings Inc, 2014 ONSC 6073 at para 10. (56.) See Kashruth, supra note 38 at para 31. (57.) See Stenerson v Insurance Corp of British Columbia (1992), 12 CCLI (2d) 111 a......
  • Segura Mosquera v. Rogers Communications Inc., 2021 ONCA 876
    • Canada
    • Court of Appeal (Ontario)
    • December 10, 2021
    ...and fairly resolved using the procedures available in the Small Claims Court: Autometric Autobody Inc. v. High Performance Coatings Inc., 2014 ONSC 6073 (Div. Ct.), 328 O.A.C. 197, at paras. 9-10. She noted that the discretion to transfer should be exercised rarely: Crane Canada Co. v. Mont......
  • Request a trial to view additional results
2 cases
  • Segura Mosquera v. Rogers Communications Inc., 2021 ONCA 876
    • Canada
    • Court of Appeal (Ontario)
    • December 10, 2021
    ...and fairly resolved using the procedures available in the Small Claims Court: Autometric Autobody Inc. v. High Performance Coatings Inc., 2014 ONSC 6073 (Div. Ct.), 328 O.A.C. 197, at paras. 9-10. She noted that the discretion to transfer should be exercised rarely: Crane Canada Co. v. Mont......
  • 1890077 Ontario Inc. v. 2076748 Ontario Inc., 2021 ONSC 986
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 10, 2021
    ...the within action. [68]        In Autometric Autobody Inc.  v. High Performance Coatings Inc., 2014 ONSC 6073 (Div. Ct.) D. Brown, J. (as he then was), writing for the panel, confirmed at paras. 7 to 9 that a judge of the Superior Court of Justice pos......
2 firm's commentaries
  • Court Of Appeal Summaries (December 6-10 And 13-17, 2021)
    • Canada
    • Mondaq Canada
    • December 23, 2021
    ...Court, Transfer, Rules of the Small Claims Court, O. Reg 258/98, r. 13.05(2), Autometric Autobody Inc. v. High Performance Coatings Inc., 2014 ONSC 6073, Crane Canada Co. v. Montis Sorgic Associates Inc., [2006] O.J. No. 1999, Farlow v. Hospital for Sick Children, 100 O.R. (3d) 213, Vigna v......
  • Court Of Appeal Summaries (December 6-10 And 13-17, 2021)
    • Canada
    • Mondaq Canada
    • December 23, 2021
    ...Court, Transfer, Rules of the Small Claims Court, O. Reg 258/98, r. 13.05(2), Autometric Autobody Inc. v. High Performance Coatings Inc., 2014 ONSC 6073, Crane Canada Co. v. Montis Sorgic Associates Inc., [2006] O.J. No. 1999, Farlow v. Hospital for Sick Children, 100 O.R. (3d) 213, Vigna v......
1 books & journal articles
  • Intangible Justice? Intellectual Property Disputes and Canadian Small Claims Courts.
    • Canada
    • Queen's Law Journal Vol. 47 No. 2, March 2022
    • March 22, 2022
    ...be in the form of liquidated sum, one wonders if these cases are correct. See Autometric Autobody Inc v High Performance Coatings Inc, 2014 ONSC 6073 at para 10. (56.) See Kashruth, supra note 38 at para 31. (57.) See Stenerson v Insurance Corp of British Columbia (1992), 12 CCLI (2d) 111 a......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT