Transfer SCSM to Superior Court (General)

Kreppner v. HMQ, 2019 ONSC 6667 (CanLII)

[1] The moving parties are Her Majesty the Queen in Right of Ontario represented by the Ministry of Finance (the “Crown”) and the Municipal Property Assessment Corporation (“MPAC”). The Crown is a defendant in four actions pending in the Small Claims Court (three in Oshawa and one in Belleville). MPAC is a defendant in the action brought by the responding party, Josef Kreppner, but not in the other three actions.

[2] Each of the responding parties is a plaintiff in one of the four actions commenced in the Small Claims Court.

[19] The issues on these motions are (i) whether I should exercise my inherent jurisdiction to transfer the four Small Claims Court actions to the Superior Court of Justice; (ii) if the actions are transferred, whether they should they be transferred to Toronto; and (iii) if the actions are transferred, whether they should they be consolidated.