Lawrence J. Horowitz

Following the dismissal of the appellant's appeal, the successful respondent sought costs of $1,036.13, including in-house counsel fees.

The self-represented appellant opposed the costs award on several grounds, including that the trial judge ordered each party to bear its own costs and that the appeal was brought as a matter of social responsibility.

The Divisional Court rejected the appellant's arguments, noting that costs on appeal follow the event.

The court awarded the respondent costs of $925 on a partial indemnity basis.

The appellant appealed a Small Claims Court judgment that dismissed her claim and awarded the respondent brokerage $10,000 for a deficit in her margin account.

The appellant argued the brokerage improperly liquidated her account before the deadline provided in a margin call e-mail.

The Divisional Court dismissed the appeal, finding that the account agreement expressly permitted the brokerage to liquidate the account without notice to protect its financial position, and this contractual right prevailed over the e-mail.