Following trial reasons in a construction contract dispute, the court determined costs and interest issues on written submissions.
Although the plaintiff recovered part of its claim and defeated most of the counterclaim, the court held success was divided and exercised its discretion to make no order as to costs.
The court rejected arguments that the proceeding should have been transferred to Small Claims Court, largely because of the size of the counterclaim and the complexity of the matter.
The court also confirmed the presumptive prejudgment interest rate of 3.3% under the Courts of Justice Act and declined to average quarterly rates downward.
