The successful appellant on a Small Claims Court appeal sought to settle the terms of the order.
The respondent argued that because the original costs award was under the $3,500 appeal limit set by O. Reg. 626/00, the appellant was still required to pay the $1,600 costs ordered at first instance despite winning the appeal.
The Divisional Court rejected this argument, holding that when an appeal is allowed, the costs order below is set aside.
The regulatory appeal limit does not preserve a costs order when the underlying decision is overturned.
