Jonathan Kleiman

Following the dismissal of the appellants' Small Claims Court appeal, the successful respondents sought costs of $21,001.05 on a substantial indemnity basis.

The court found that an elevated scale of costs was warranted due to the respondents' offers to settle, the appellants' abandonment of arguments at the hearing, and the complexity caused by the appellants' materials.

However, applying the principle of proportionality, the court fixed costs at $15,000 all-inclusive.

The appellants appealed a trial judgment awarding the respondent $25,000 for damage to personal property.

The appellants had purchased a home and, when the occupants did not vacate on the closing date, removed their belongings and left them outside in the rain.

The Divisional Court upheld the trial judge's finding that the appellants acted as gratuitous bailees and were grossly negligent in their treatment of the property.

The appeal was dismissed.