B. Clint Cadden

The applicant, a condominium resident, alleged discrimination based on disability, marital status, age, association, and reprisal against the property management company and condominium corporation.

The allegations stemmed from various disputes, including requests to remove appliances, noise complaints, parking issues, and accommodation for her post-traumatic stress disorder.

Following a hearing to assess whether the application had a reasonable prospect of success, the adjudicator found no evidence linking the respondents' actions to any Code-protected grounds.

The application was dismissed in its entirety for having no reasonable prospect of success.

The appellants were successful on an appeal from the Small Claims Court and sought costs for both the trial and the appeal.

The appellants relied on a Rule 14 offer to settle to claim double costs for the trial.

The court awarded trial costs of $2,258.60, reflecting a starting point of 7 percent of the damage award doubled due to the unaccepted offer, noting the appellants were represented by a paralegal at trial.

For the appeal, the court emphasized the principle of proportionality under the Rules of Civil Procedure and the Courts of Justice Act, fixing appeal costs at $2,500 plus disbursements of $1,501.15.