Court File and Parties

Citation: Clarke-Mclean v. Just Incredible World Trading Corp., 2016 ONSC 98

Divisional Court File No.: 423/14

Date: 2016-01-15

Superior Court of Justice – Ontario Divisional Court

Re: Nicole Clarke-Mclean, Plaintiff/Respondent And: Just Incredible World Trading Corp. and Marie Chritchlow, Defendants/Appellants

Before: Mr. Justice H.J. Wilton-Siegel

Counsel: Jack Brathwaite, for the Appellants Cindy A. Farrell, for the Respondent

Heard at Toronto: In Writing

Endorsement

[1] The Respondent was partially, but not entirely, successful in this appeal of a small claims court judgment in her favour. She seeks costs of $8,873.07 on a partial indemnity basis.

[2] The Appellants suggest that they are entitled to their partial indemnity costs, or a proportion thereof, to reflect their partial success. That is not reasonable given the fact that the only issue on which the Appellants succeeded was quantum and the amount that remained was 60% of the original award. Nor is there any basis for ordering that each party should bear their own costs. I do, however, agree that the Respondent’s costs should be reduced to reflect her partial success.

[3] With respect to quantum, the Appellants’ costs outline totals $5,618.50 on a partial indemnity basis. The Appellants would therefore have reasonably expected to pay costs of at least this amount if they were unsuccessful. In addition, the Respondent’s costs were increased by the number of issues raised by the Appellants, several of which were below the monetary threshold for an appeal.

[4] Based on the foregoing, I find fair and reasonable costs to be $6,000 on an all-inclusive basis.

Wilton-Siegel J.

Date: January 15, 2016