The successful respondent on an appeal from the Small Claims Court sought partial indemnity costs of $15,961.25.
The appellant argued the costs were disproportionate to the $9,129.02 at issue in the appeal.
The court considered the Rule 57 factors, noting that while the monetary amount was small, the legal issues regarding priority between a perfected security interest under the PPSA and an unregistered non-possessory lien under the RSLA were complex and important to the appellant.
The court fixed costs at $9,500 plus HST.
