The appellant appealed a Small Claims Court decision awarding $20,000 in costs against her after her claim for $2,525.14 was dismissed.
The Divisional Court found that the trial judge erred in exceeding the 15% costs limit under section 29 of the Courts of Justice Act, as the appellant's conduct was not unreasonable and the condominium declaration's indemnification clause did not apply.
The appeal was allowed, and the costs award was reduced to 15% of the claim amount.
