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Small Claims - Evidence. St. Laurent Automotive Group Inc. v. Cheryl Britt
In St. Laurent Automotive Group Inc. v. Cheryl Britt (Ont Div Ct, 2026) the Ontario Divisional Court allowed a Small Claims Court appeal, this brought against an order for "damages in the amount of $15,000 to St. Laurent Automotive Groups Inc. (Respondent) for the Appellant’s breach of non-export clause".
Here the court applies CJA s.27 ['Small Claims Court - Evidence']:[100] There was evidence that, although UCDA is an association for used car dealers, that they receive information from CBSA. Mr. Scott explained that the UCDA is interested in this public record of when goods are entering or exiting the country and hence UCDA received it from CBSA.
[101] When asked in cross-examination how he could say that the report is reliable, the court suggested that Mr. Scott had training but Mr. Scott was still uncertain regarding reliability.
[102] The form indicated that it is information contained for reference purposes only and it does not assume liability for errors and omission in the data made available through this report.
[103] With respect to the Carfax report, it was clarified that the registration on Carfax is the day that the person at the licence bureau prints an ownership of the vehicle.
[104] In the past two years, there was a new tool created by UCDA to track these exports.
[105] He did not have a copy of the CBSA report.
[106] It may have been preferable if the trial judge made a ruling on the admissibility of the UCDA report. Nevertheless, I do not find that it was an palpable and overriding error as it can inferred that the court accepted the evidence that the information was generated from the CBSA report as a regular part of business and it was reliable.
[107] Section 27 of the CJA permits the Small Claims Court to be flexible with the rules of evidence.
[108] This ground of appeal fails.
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