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The court granted default judgment and substantial indemnity costs against defendants who stole and fraudulently disposed of the plaintiff's antiques.
The plaintiff, Yan Qing (Eva) Chen, brought an unopposed motion for default judgment against the defendants, Ji Cai Sun and Tai Ji International Auctions Corp., seeking damages for trespass, conversion, and fraud related to the theft of antiques.
The plaintiff also sought an order to correct a misnomer in the style of cause, prejudgment and post-judgment interest, and a finding that the debt was a result of fraud under section 178 of the Bankruptcy and Insolvency Act.
The court granted the plaintiff's requests, finding the defendants liable based on deemed admissions and affidavit evidence, and awarded substantial indemnity costs.
Costs of a Small Claims Court appeal fixed at $2,500 to ensure proportionality with the $4,000 judgment.
Following the dismissal of the defendants' appeal from a $4,000 Small Claims Court judgment, the successful plaintiff sought costs of up to $7,691 on a substantial indemnity scale.
The court rejected the request for substantial indemnity costs, noting that the appeal was not frivolous.
The court also found the requested partial indemnity costs of $6,223.87 to be disproportionate to the $4,000 amount at stake.
Applying the principle that costs must be fair and reasonable for the unsuccessful party to pay, the court fixed costs at $2,500 plus disbursements.
