The plaintiff landlord claimed $425,000 for breach of a commercial lease but was awarded only $5,719.37 at trial.
In this costs decision, the plaintiff sought full indemnity costs of over $73,000, arguing complexity and a lease clause.
The defendant argued it was the successful party, having offered a settlement close to the final award, and sought costs in its favour or no costs for the plaintiff.
The court applied Rule 57.05(1) due to the judgment being within Small Claims Court jurisdiction, finding the case not complex enough to warrant Superior Court costs.
The court also noted the plaintiff's unreasonable refusal of a reasonable settlement offer and the defendant's deficient offer.
Ultimately, the court exercised its discretion to order no costs to be paid by or to either party.
