Summary

38567

Lyudmila Chavdarova a.k.a. Mila Chavdarova v. The Staffing Exchange Inc.

(Ontario) (Civil) (By Leave)

Keywords

Civil procedure - Appeals, Courts, Jurisdiction - Civil procedure — Appeals — Courts — Jurisdiction — Self represented applicant filing appeal in Court of Appeal rather than Divisional Court — Appeal quashed — Whether justice was deliberately denied to self represented litigant for simple jurisdictional problem — Whether guidance required to avoid double standards applied to self- represented litigants in overcomplicated court system

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Summary

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Ms. Chavdarova was awarded $22,317 in damages in her action against the respondent. She appealed that award to the Court of Appeal. Despite being advised that she had filed her appeal in the wrong court, Ms. Chavdarova insisted that she had filed her appeal properly. The Court of Appeal quashed her appeal as it should have been brought before Divisional Court. Ms. Chavdarova’s motion to transfer her appeal to Divisional Court was dismissed. Ms. Chavdarova then brought a motion in the Superior Court of Justice for an extension of time to file her appeal in the Divisional Court. The motion was dismissed because the Court of Appeal had already dismissed her motion to transfer.