Entwistle v. Davis & Davis, 2004 NSSM 7

Court:Small Claims Court of Nova Scotia
Case Date:August 16, 2004
Jurisdiction:Nova Scotia
Citations:2004 NSSM 7;(2004), 255 N.S.R.(2d) 1 (SmCl)
 
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Entwistle v. Davis & Davis (2004), 255 N.S.R.(2d) 1 (SmCl);

    814 A.P.R. 1

MLB headnote and full text

Temp. Cite: [2006] N.S.R.(2d) TBEd. OC.013

John and Joanne Entwistle (claimants) v. Davis & Davis Personal and Professional Development Seminars Limited (defendant)

(Claim No. SCCH 224308; 2004 NSSM 7)

Indexed As: Entwistle v. Davis & Davis Personal and Professional Development Seminars Ltd.

Nova Scotia Small Claims Court

O'Hara, Adjudicator

November, 2004.

Summary:

The claimants commenced a small claims action against the defendant for negligent misrepresentation. The defendant counterclaimed for $40,000.

An Adjudicator of the Nova Scotia Small Claims Court allowed the action and dismissed the counterclaim as frivolous.

Practice - Topic 9753

Small claims - Monetary limit - The claimants commenced a small claims action against the defendant for negligent misrepresentation - The defendant counterclaimed for $40,000 and indicated that it intended to pursue the counterclaim in the Supreme Court - An Adjudicator of the Nova Scotia Small Claims Court held that the counterclaim and any procedural implications thereof could be dealt with summarily - The adjudicator stated that a counterclaim of this magnitude could potentially be an issue if it were bona fide and was the subject of an existing Supreme Court action - However, it was not the subject of an existing Supreme Court action - Also, the adjudicator was satisfied that the counterclaim was a frivolous allegation and devoid of bona fides - Where the counterclaim was obviously frivolous, there was no need to adjourn the matter to give the defendant an opportunity to file a counterclaim in the Supreme Court - See paragraphs 3 to 6.

Practice - Topic 9756

Small claims - Counterclaims - [See Practice - Topic 9753 ].

Cases Noticed:

Queen (D.J.) v. Cognos Inc., [1993] 1 S.C.R. 87; 147 N.R. 169; 60 O.A.C. 1, refd to. [para. 2].

Counsel:

Nicolle A. Snow, for the claimants;

Defendant, self-represented.

This claim and counterclaim were heard on August 16, 2004, before O'Hara, Adjudicator, of the Nova Scotia Small Claims Court, who released a decision in November 2004 and released the following revised decision on October 3, 2006.

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