COURT FILE NO.: 625/07

DATE: 20091030

SUPERIOR COURT OF JUSTICE - ONTARIO

(DIVISIONAL COURT)

RE: CECILIA BLAKE v. KEVIN CHEN AND 116845 ONTARIO LIMITED o/a PILLAR TO POST

BEFORE: Justice D. Aston

COUNSEL: Anthony Guindon, for the Appellants/ Defendants

Gregory E. McConnell, for the Respondent/Plaintiff

HEARD AT TORONTO: September 23, 2009

E N D O R S E M E N T R E C O S T S

[1] The appropriate scale of costs is partial indemnity. The most significant factor in determining the quantum is the amount in issue in the proceeding, approximately $10,000. That said, the plaintiff’s Offer to Settle for $6,000 before significant appeal costs were incurred is also very significant. Rule 49.10 does not apply to appeals. However, Offers to Settle are the primary means by which successful Small Claims Court plaintiffs can protect themselves from Pyrrhic victories.

[2] The defendants are jointly and severally liable for the plaintiff’s costs of the appeal fixed at $5,000 all inclusive and payable within 30 days.

Aston J.

DATE: October 30, 2009