TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Home/Case Studies/Litigation
№ 352 Case Study — Litigation

One Supplier Dispute, Filed as Two Separate Lawsuits, Six Weeks Apart

Goran, representing himself, sued Nikos and Milica's franchise business twice over what was really a single falling-out, and the court's own scheduling nearly let both claims run as if they had nothing to do with each other.

Litigation8 min readDunnville, OntarioConsolidating and transferring actions
All Litigation case studies
ClientNikos, an administrative assistant who ran a Dunnville cleaning franchise with his wife Milica, a hotel front-desk supervisor
The issueThe same underlying supplier dispute was filed as two separate lawsuits by a self-represented plaintiff, scheduled back to back instead of together
ServiceIdentified the overlap and moved to have the two claims consolidated into a single proceeding before either reached trial
ResolutionPrevention — the duplicated costs and risk of conflicting rulings were avoided by catching and fixing the scheduling problem early

The situation

The first sign of trouble was a notice of claim in Small Claims Court naming Nikos and Milica's cleaning franchise as defendant, filed by Goran, a supplier who had provided equipment and cleaning products to the business for two years before the relationship soured. Six weeks later, a second notice of claim arrived, also from Goran, also naming the franchise, but framed as an entirely separate dispute over a different invoice from a different month.

Nikos, who worked full time as an administrative assistant and ran the franchise location in the evenings and on weekends, and Milica, who worked as a hotel front-desk supervisor and handled the franchise's books, had built the business carefully over three years, keeping it profitable on a modest scale. Their falling-out with Goran had started over a single disputed invoice, roughly 27,000 dollars for a bulk equipment order, that Nikos believed had arrived short and damaged, and that Goran insisted had been delivered in full. What began as one disagreement over one delivery had, over several months of increasingly terse emails, expanded into a broader breakdown in the relationship, with each side accumulating grievances about earlier invoices, late payments, and product quality that had never been formally raised before.

Goran, representing himself throughout, filed the first claim seeking the roughly 27,000 dollars he said was owed on the disputed equipment invoice, an amount that fit comfortably within the court's 35,000-dollar monetary limit for a single claim. When that claim did not immediately resolve the way he wanted, he filed a second claim weeks later for close to 24,000 dollars, this one built around an earlier invoice from several months prior that he now characterized as a separate unpaid debt, even though it arose from the same ongoing supply relationship and many of the same underlying facts and documents would be relevant to both, and even though the two claims together totalled roughly 51,000 dollars in dispute between the same two parties.

Both claims landed in the same Small Claims Court, but because they were filed separately and Goran, unfamiliar with the court's procedures, had not flagged the connection between them, the court's own scheduling process set them down for hearing on different days, weeks apart, as though they were two unrelated disputes between two unrelated parties rather than one continuing relationship that had broken down in stages. Nikos, when the second notice arrived, assumed at first it had been filed in error, a duplicate of the first, until a closer read showed it referenced a different invoice entirely and had its own separate hearing date set six weeks after the first.

What the law actually said

Ontario's court rules give the court authority to consolidate, or hear together, two or more proceedings that involve a common question of fact or law, or that arise out of the same transaction or series of transactions, where doing so would avoid unnecessary cost, delay, or the risk of inconsistent findings on overlapping issues. Small Claims Court, while more informal than the Superior Court, operates under the same underlying principle: matters that are really one dispute should not be litigated as though they were several, particularly where the same witnesses, the same documents, and much of the same evidence would need to be presented twice.

The two claims Goran filed, on close review, shared exactly that kind of overlap. Both concerned invoices arising from the same ongoing supply arrangement between Goran and the franchise. Both would likely require testimony from the same people, Nikos, Milica, and Goran himself, about the same general course of dealing between them, including what had been delivered, what had been paid, and what each side understood the terms of their relationship to be. Trying the two claims separately, on different days before potentially different adjudicators, created a genuine risk that findings made in the first hearing about the parties' course of dealing could sit uneasily beside, or even directly contradict, findings made in the second.

There was also the more immediate practical cost. Litigating two claims instead of one meant preparing evidence twice, potentially retaining any needed documentation and witness availability twice, and absorbing the time and expense of two separate hearings for a dispute that, at its core, involved one deteriorating business relationship viewed through two different invoices. For a small franchise operation, that duplicated cost was disproportionate to the roughly 51,000 dollars actually in dispute across both claims, especially set against a self-represented plaintiff who had not filed the claims with any strategic intent to split them, but simply because he did not know the court's procedures well enough to recognize that they belonged together.

There was a further wrinkle worth noting, though it did not end up mattering here: Small Claims Court in Ontario carries a monetary jurisdiction limit, currently 35,000 dollars per claim, which is part of why Goran's dispute had been split into two filings rather than one in the first place, since the combined amount he sought exceeded what a single claim could carry. That structural reality made consolidation the right fix rather than a request to simply merge the claims into one filing outright; the court could hear both proceedings together on a single record and a single hearing date while still treating them as two claims for the purpose of the monetary limit, which is exactly the kind of practical accommodation the consolidation rule is meant to allow.

What we did

  1. Reviewed both notices of claim side by side against the full history of invoices and correspondence with Goran, tracing the disagreement back to its origin to confirm that the two claims arose from the same ongoing supply relationship and shared overlapping facts, witnesses and documents, which established the basis needed to seek consolidation rather than treating them as two unrelated files that happened to share a defendant.
  2. Contacted the court registrar to flag that both claims had been filed separately by the same self-represented plaintiff against the same defendant, since the scheduling overlap had happened as an administrative oversight rather than a deliberate choice by anyone, and an early, clear explanation gave the court the information it needed to address the overlap properly before either matter moved further toward a hearing.
  3. Prepared and filed a motion to consolidate the two claims into a single proceeding, setting out the shared facts, the overlapping witnesses and documents, the combined amount in dispute across both filings, and the disproportionate cost of running two hearings for one underlying dispute, to put the request on a proper procedural footing rather than relying on an informal request to the registrar alone.
  4. Reached out directly to Goran, as a self-represented party, to explain the consolidation request in plain terms, since he had no lawyer to advise him on what the motion meant, why it was being brought, or whether he had any real reason to oppose it, and a clear, respectful explanation reduced the risk of the motion turning into a needless second fight layered on top of the original invoice dispute.
  5. Confirmed Goran's consent to the consolidation once he understood it would not disadvantage his claim or reduce what he could recover, which allowed the motion to proceed on an unopposed basis, saving both sides the further cost, delay and uncertainty of a contested hearing over what was, in the end, a scheduling and procedure question rather than a dispute over the underlying facts.
  6. Assembled a single, organized evidentiary record covering both invoices and the full course of dealing between Goran and the franchise, so that once the claims were merged, the combined hearing could proceed efficiently with one clear, chronological account of the relationship rather than fragments spread awkwardly across two separate files and two separate hearing dates, giving the adjudicator one coherent narrative to work from instead of two partial ones.
  7. Coordinated a single hearing date with the court once consolidation was granted, confirming in writing that the merged proceeding replaced both original hearing dates entirely, so that Nikos and Milica were not left tracking two separate calendar entries, preparing two separate witness statements, taking two separate days away from running the franchise, or budgeting for what was now, correctly, a single matter with a single result.

The outcome

The court granted the consolidation on an unopposed basis, merging Goran's two claims into a single proceeding to be heard on one date before one adjudicator, with one connected set of evidence covering the full course of dealing between Goran and the franchise rather than two disconnected snapshots of it. The underlying dispute over the invoices still had to be resolved, and it was, through a hearing that addressed both the equipment delivery issue and the earlier invoice together, with the adjudicator able to weigh the whole relationship at once rather than in two artificially separated pieces.

What consolidation prevented was the real cost: two hearings, two rounds of preparation, and the genuine risk that inconsistent findings on the same underlying facts, made weeks apart by potentially different decision-makers, could have left both sides with a confusing and contradictory result. For Nikos and Milica, running a small franchise on tight margins, avoiding a second full hearing represented a real and quantifiable saving, both in the time taken away from operating the business and in the legal costs a second proceeding would have added.

Because Goran was self-represented and had not filed the two claims out of any tactical intent, a plain explanation of the consolidation and its benefit to both sides was enough to secure his agreement without a contested motion. That cooperative resolution of the scheduling problem, reached before either claim went to a hearing, was itself the outcome that mattered most in this file: the risk was identified and removed before it could do any damage, rather than managed after the fact. Nikos and Milica later said the part that stuck with them was how ordinary the fix turned out to be once someone who knew the court's procedures looked at the two notices side by side, a problem that had looked, from the outside, like two separate lawsuits demanding two separate defences.

What you can learn from this

  • When you are named in more than one lawsuit by the same plaintiff over what feels like one ongoing relationship, check whether the claims share facts, witnesses, or documents. That overlap is the basis for asking the court to consolidate them.
  • Consolidation exists specifically to prevent duplicated costs and the risk of inconsistent findings when related disputes are litigated separately. Raise it early, before either claim reaches a hearing.
  • A self-represented opposing party is not necessarily an adversarial one. A clear, respectful explanation of a procedural request can secure agreement that would otherwise require a contested motion.
  • Court scheduling is administrative, not strategic. If two related claims land on different hearing dates, it is often simply because nobody flagged the connection, not because anyone intended it.
  • For a small business, the cost of litigating one dispute twice, rather than once, is rarely proportionate to what is actually at stake. Catching a scheduling overlap early can matter more than the merits of the underlying claim.
This case study is entirely fictional. It does not describe any real client, file, or matter handled by Treadstone Law, and it is not a real file with details changed. All names, people, properties, businesses, dollar amounts, dates, and events are invented, and any resemblance to a real person, business, or situation is coincidental. Fictional scenarios like this one illustrate the kinds of legal issues people in Ontario commonly face and how a lawyer can help. They are general information, not legal advice — no two matters unfold the same way, and nothing here predicts the outcome of any real case. Reading a case study does not create a lawyer-client relationship. If you are facing something similar, speak with a lawyer about your specific circumstances.

This is a litigation problem we handle

Start a file online — flat, published fees, reviewed by a licensed lawyer before a dollar is owed.

ContactStart a File →