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Taking a Small Claims Court Judgement on Review

The commissioner’s decision or judgment cannot be taken on appeal. However, the commissioner’s judgment can be taken on review in the High Court on three grounds (See: What is a review?):

  • If the court did not have jurisdiction. In other words the case should not have been heard in that court.
  • If the commissioner was biased or corrupt
  • If the proper procedure was not followed in the court. This is also called a gross irregularity. For example, if the commissioner did not allow one of the sides to tell their story, this is not proper procedure, because each side must get a fair hearing.
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