2 total
Costs of two dismissed appeals fixed at $9,000 on a partial indemnity scale.
Following the dismissal of the appellant's appeals, the successful respondents sought partial indemnity costs of $7,000 for each of the two appeals.
The respondents argued for a premium based on policy considerations and the appellant's conduct.
The court rejected the request for a premium or substantial indemnity costs, finding that the appellant raised genuine issues regarding jurisdiction and damages.
The court fixed the costs payable by the appellant to the respondents at $4,500 for each appeal, for a total of $9,000 inclusive of disbursements and taxes.
Small Claims appeal dismissed; spouses with separate travel contracts did not improperly split their case.
The appellant travel company appealed a Small Claims Court decision awarding damages to a married couple for a ruined vacation.
The appellant argued the couple improperly split their case to circumvent the $10,000 Small Claims Court limit, that it was not responsible for the disappointing holiday, and that the damages were excessive.
The Divisional Court dismissed the appeal, finding that each spouse had a separate contract with the appellant and was entitled to bring a separate action.
The court also upheld the trial judge's findings of misrepresentation and the assessment of damages for loss of enjoyment and wasted vacation time.
