Following a trial in a construction contract dispute where the plaintiff recovered approximately 33% of its claim, the parties made written submissions on costs and pre-judgment interest.
The plaintiff sought partial indemnity costs, while the defendant argued for no costs, asserting the matter should have been brought in Small Claims Court.
The Master confirmed the preliminary ruling of no order as to costs due to divided success, finding that the plaintiff could not have transferred the action to Small Claims Court because of the defendant's $50,000 counterclaim.
The Master also confirmed the pre-judgment interest rate at the presumptive statutory rate of 3.3%.
