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.
