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.
