Jurisdiction - Investment Property (SCSM)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
CLNP Page ID:	1584
Page Categories:	[Ontario Small Claims]
Citation:	Jurisdiction - Investment Property (SCSM), CLNP 1584, <3G>, retrieved on 2024-11-23
Editor:	P08916
Last Updated:	2021/08/16

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Courts of Justice Act, R.S.O. 1990, c. C.43

23 (1) The Small Claims Court,

(a) has jurisdiction in any action for the payment of money where the amount claimed does not exceed the prescribed amount exclusive of interest and costs; and

(b) has jurisdiction in any action for the recovery of possession of personal property where the value of the property does not exceed the prescribed amount. R.S.O. 1990, c. C.43, s. 23 (1).

Personal Property Security Act, R.S.O. 1990, c. P.10

1 (1) In this Act,

...

“personal property” means chattel paper, documents of title, goods, instruments, intangibles, money and investment property, and includes fixtures but does not include building materials that have been affixed to real property; (“bien meuble”)

Trang v. Nguyen, 2012 ONCA 885 (CanLII)

(1) The Properties [14] According to the Agreed Statement of Facts, Mr. Tran has an interest in three properties that were relevant to the CRA's motion:

• 58 Granton Avenue, Ottawa – a residential property registered in the names of Mr. Tran and his wife, Ms. Nguyen, as joint tenants and used by them as their principal residence;
• 46 Epworth Avenue, Ottawa – registered in the names of Mr. Tran and Ms. Nguyen as joint tenants and used by them as an investment property;
• 1340 Wellington Street West, Ottawa – Mr. Tran’s business property, registered in his name alone and used for his acupuncture practice.