Following the dismissal of the employer's appeal from a Small Claims Court decision awarding the employee $25,000 for wrongful dismissal, the court determined the quantum of costs.
The employee sought $16,450.25 on a substantial indemnity basis, while the employer argued for a lower amount.
The court found the issues were not complex and awarded partial indemnity costs of $5,000 for the appeal, plus the maximum allowable 15% of the damages ($3,750) for the trial costs under section 29 of the Courts of Justice Act.