This costs endorsement followed a four-day trial where the defendant, 1882877 Ontario Inc., was found to be owed $22,366 after set-off against the plaintiff's (Ralph Mastracci c.o.b. as Bosco Roofing and Sheet Metal) claim.
The defendant sought partial indemnity costs of $37,050.
The plaintiff argued for no costs, citing a mixed result and the final monetary award falling within the Small Claims Court jurisdiction.
The court, exercising its discretion under the Courts of Justice Act and Rules of Civil Procedure, determined that despite the defendant's monetary success, the overall result was mixed and the actual payment modest.
The court ordered no costs payable, emphasizing that the parties should have pursued significant compromises or realistic settlement offers.
