1. Case Name:
City Water International Inc. v. Wellness Beauty Spa
Between
City Water International Inc. Applicant (Appellant), and
Wellness Beauty Spa, Respondent
[2014] O.J. No. 461
2014 ONSC 670
Divisional Court File No. 148/10
Ontario Superior Court of Justice
Divisional Court - Toronto, Ontario
J.C. Kent, A.L. Harvison Young and K.W. Whitaker JJ.
Heard: January 28, 2014.
Oral judgment: January 28, 2014.
(4 paras.)
Counsel:
Matthew Riddell, for the Applicant (Appellant).
No One Appearing for the Respondent.
The judgment of the court was delivered by
1 J.C. KENT J. (orally):-- Before the Court is a motion asking this Court to set aside the order of
Swinton J. made 29 March, 2011 and grant leave to City Water International Inc. to be represented
by a non-lawyer, Officer and Director of the Corporation, Matthew Riddell, in this Small Claims
Court appeal. Mr. Riddell has, in fact, argued the motion this morning.
2 Because the Court has, on this motion, now been presented with further and enlarged
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2. information that was not before Swinton J. in March of 2011, we have taken an approach that
requires a contextual analysis into whether or not the relief sought should be granted. We now know
that Matthew Riddell is currently an Officer of City Water International Inc. We know that Matthew
Riddell holds a full-time position as an employee of City Water International Inc. We also are
informed that Matthew Riddell is not employed by any other corporate entity. We know from the
material that Mr. Riddell has prepared all of the materials necessary for the appeal in the Small
Claims Court matter and we are aware that he has perfected the appeal. We note, in particular, that
the appeal itself involves an amount less than $2,000.
3 Given all of these circumstances and the further and enlarged information now before this
Court, we have determined that the relief sought should be granted.
4 The Endorsement of the Court is: For reasons given orally, order to go as sought in paragraphs
1, 2 and 3 of Notice of Motion.
J.C. KENT J.
A.L. HARVISON YOUNG J.
K.W. WHITAKER J.
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