Following a Small Claims Court trial in which the plaintiff’s claim was dismissed and the defendant succeeded on a counterclaim, the successful party sought a representation fee significantly exceeding the statutory cost cap.
The court considered s. 29 of the Courts of Justice Act and Rules 19.04 and 19.06 of the Rules of the Small Claims Court, which limit costs to 15 percent of the amount claimed unless unreasonable behaviour justifies a higher award.
The court found the self-represented plaintiff prolonged the proceeding through excessive and unproductive cross‑examination, constituting unreasonable behaviour.
However, applying proportionality principles and considering the modest value of the claim, the court limited the representation fee to a modest amount above the usual cap.
