The applicant lawyer commenced a Small Claims Court action against a former client for unpaid fees.
After failing to comply with a production order requiring documents to be organized chronologically, the Deputy Judge ordered the applicant to pay $2,000 in costs.
The applicant sought judicial review of this interlocutory costs order.
The Divisional Court dismissed the application, holding that it was essentially an appeal by a different name and that the Deputy Judge had jurisdiction to impose costs for litigation misconduct without breaching natural justice.
