Can a plaintiff combine a claim for debt and one for damages under the Small Debt Procedure?

Saskatchewan, Canada


The following excerpt is from Whitchelo v. Colvin, 1913 CanLII 89 (SK CA):

The case of Cosgrave v. Duckek, supra, was decided by the same learned judge, and his judgment on the point in issue is as follows: “I held in Paradis v. Horton that a plaintiff cannot combine in a small debt action a claim for debt and one for damages, and, if he has such a claim and wishes to press it, he must bring his whole action under the ordinary procedure; he cannot split it up and bring one action under the small debt procedure and another action under the other procedure; and I set aside the proceedings when he combined both causes of action under the small debt procedure. . . . Proceedings set aside with costs.”

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