Act
Courts of Justice - Small Claims Court Appeal Limit
Regulation Number(s):
244/10
Instrument Type:
Act
Bill or Act:
Courts of Justice Act
Summary of Decision:
This regulation was filed on June 17, 2010
Further Information:
O. Reg. 626/00
Proposal Number:
10-MAG007
Posting Date:
April 19, 2010
Summary of Proposal:
It is proposed that O. Reg. 626/00, which sets out the monetary jurisdiction of the Small Claims Court, be amended to establish that there is no right of appeal from a Small Claims Court judgment for the payment of money or return of an item valued at less than $2,500.
Currently, the Courts of Justice Act provides no right of appeal from a Small Claims Court judgment for the payment of money or return of an item valued at less than $500. This restriction was put in place in 1977 when the court’s monetary jurisdiction was $1,000.
Increasing the appeal limit was recommended in the 2007 Civil Justice Reform Project Report in conjunction with increasing the court’s monetary jurisdiction. The monetary jurisdiction of the Small Claims court was increased from $10,000 to $25,000 on January 1, 2010. The report provides that "[t]he restriction on the right of appeal serves to provide finality for comparatively minor claims that would not be economically efficient to appeal. It also prevents an excess of lower value claims from creating caseload pressures on the Divisional Court (the appellate forum)."
Currently, the Courts of Justice Act provides no right of appeal from a Small Claims Court judgment for the payment of money or return of an item valued at less than $500. This restriction was put in place in 1977 when the court’s monetary jurisdiction was $1,000.
Increasing the appeal limit was recommended in the 2007 Civil Justice Reform Project Report in conjunction with increasing the court’s monetary jurisdiction. The monetary jurisdiction of the Small Claims court was increased from $10,000 to $25,000 on January 1, 2010. The report provides that "[t]he restriction on the right of appeal serves to provide finality for comparatively minor claims that would not be economically efficient to appeal. It also prevents an excess of lower value claims from creating caseload pressures on the Divisional Court (the appellate forum)."
Contact Address:
Ministry of the Attorney General
Court Services Division
Civil Policy and Programs Branch
720 Bay Street, 2nd Floor
Toronto, ON M7A 2S9
Court Services Division
Civil Policy and Programs Branch
720 Bay Street, 2nd Floor
Toronto, ON M7A 2S9
Royal Assent Date:
June 17, 2010
Decision:
Approved