Denis Power

Following the dismissal of the appellant's appeal from a Small Claims Court decision, both parties sought costs.

The respondent sought costs on a substantial indemnity scale, arguing the appeal was frivolous and noting the appellant's scandalous allegations against the court.

The court awarded costs to the respondent on a partial indemnity scale, fixing the amount at $3,500, taking into account the $7,200 claimed in the original action.

The court also reprimanded the self-represented appellant, who is a lawyer by training, for her disrespectful and unfounded attacks on the judiciary.

The self-represented appellant appealed a Small Claims Court decision dismissing his action for wrongful dismissal and overtime pay, as well as the subsequent costs award.

The Divisional Court found no error in the trial judge's conclusion that the appellant was a probationary employee who could be terminated without notice under the employment contract.

The court also considered whether leave was required to appeal the costs award under the Courts of Justice Act.

Although leave was required, the court granted it but ultimately dismissed the costs appeal, finding the trial judge's award was within the statutory limit and properly exercised.