07/08/2019 – Jurisdiction Alberta
Part 67 published on 01/09/2019
Appeal dismissed. The Small Claims Court did not have jurisdiction to decide the claims
The plaintiff sued for damages flowing from an alleged inaccurate estoppel certificate issued by the defendant condominium corporation (and its manager). The Small Claims Court held that it did not have jurisdiction to decide the matter (because the claim was based, at least in part, on alleged breaches of the Condominium Property Act), and transferred the matter to the Court of Queen’s Bench. The Plaintiff appealed. The appeal was dismissed. The Appeal Court said:
From my review, the Provincial Court judge properly exercised discretion to transfer this matter to Queen’s Bench. Under the CPA as presently worded, a claim for damages based on breach of statutory obligations under the CPA, whether deliberate or arising from negligence, cannot be adjudicated in the Provincial Court. The only other option that was available to her would have been to dismiss the matter as being outside provincial court jurisdiction. There was no way to acquire jurisdiction over the matter. Failure to exercise the discretion to transfer cannot sustain or remediate some form of residual jurisdiction.