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Shakur v. Mitchell Plastics, 2012 ONSC 1780 (S.C.J.) (Rule 57.05 – costs of action brought in wrong court)

Judgment Released: March 16, 2012   Link to Judgment

Rule 57.05(1), stating that a plaintiff in a Superior Court action who recovers less than the monetary jurisdiction of the Small Claims Court might not recover costs, applies even where the monetary jurisdiction of the Small Claims Court increases during the pendency of the action. A plaintiff should not recover costs if they continue a Superior Court action where it is clear that the action now comes within the monetary jurisdiction of the Small Claims Court following an increase in that jurisdiction.

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