Miguel Maruszki

Following the dismissal of the appellant's appeal, the respondent sought partial indemnity costs of $5,565.54.

The self-represented appellant argued the amount was excessive and disproportionate to the underlying judgment of $772.06.

The court agreed that 19 hours of preparation was excessive for a straightforward appeal, but noted the appellant bore responsibility for bringing the appeal.

Costs were fixed at $2,500 inclusive of HST and disbursements.

The appellant appealed a Small Claims Court decision awarding the respondent paralegal firm $772.06 on a quantum meruit basis after finding their contingency fee agreement illegal.

The appellant argued the Deputy Judge erred by allowing a late amendment to plead quantum meruit and by applying an incorrect hourly rate.

The Divisional Court dismissed the appeal, finding no palpable and overriding error in the Deputy Judge's conclusions that the amendment caused no prejudice and that the appellant had accepted the bulk of the charges at trial.