What is the proper remedy for a plaintiff in a personal injury action for damages in excess of the monetary jurisdiction of the Court of Appeal?

Ontario, Canada


The following excerpt is from Hradecky v Hydro One Networks Inc, 2014 CanLII 11543 (ON SCSM):

32. Having carefully considered the matter, it appears to me that this situation should be dealt with in the same way that this court can deal with a claim for damages in excess of the monetary jurisdiction. Rather than simply dismissing the claim for want of jurisdiction, or alternatively transferring it to the Superior Court of Justice, the plaintiff should have an option to “amend down” to come within this court’s jurisdiction: see Lock v. Waterloo (Regional Municipality), [2011] O.J. No. 4989 (Sm. Cl. Ct.), at para. 4-11. However the plaintiff should put a proposed amended pleading before the court, before the court can determine whether leave to amend should be granted. Leave to amend is required under rule 12.01(3) since a trial date has previously been scheduled. Conclusion

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