One consequence of the increase to the jurisdiction of the Ontario Small Claims Court, from $10,000 to $25,000, is that some litigants – especially those commencing wrongful dismissal actions – are now being told that they are in the ‘wrong place, at the wrong time.’
In a decision released March 16, 2012, Shakur v. Mitchell Plastics, 2012 ONSC 1780, (the facts of which I earlier canvassed in my post titled "No finding of just cause notwithstanding workplace assault") the Honourable Justice David A. Broad held that a plaintiff who won $12,514.00 in a Superior Court action should be denied his costs because he received an amount within the jurisdiction of the Small Claims Court, notwithstanding the fact that when he commenced his case the limit of the Small Claims Court was only $10,000.