The respondent was successful on an appeal from a Small Claims Court decision and sought costs on a full indemnity basis, alleging the appellant engaged in deliberate delay and frivolous litigation.
The appellant argued for partial indemnity costs.
The court rejected the request for full indemnity, finding no reprehensible or egregious conduct by the appellant.
Costs were fixed at $5,500 inclusive of tax and disbursements, taking into account the preparation required for a fresh evidence application.
