This is a costs endorsement following an appeal where the appellant was predominantly successful in overturning a wrongful dismissal finding but unsuccessful on other grounds.
The court assessed the appellant's claim for substantial indemnity costs, which was significantly higher than the damages awarded and the Small Claims Court jurisdiction.
The court found that Rule 49.10 of the Rules of Civil Procedure does not apply to appeals, nor does Rule 14.07 of the Small Claims Court Rules provide for enhanced costs on appeal.
Considering factors under s. 131(1) of the Courts of Justice Act and r. 57.01(1) of the Rules, including the proportionality of costs to the amount at stake and the level of success, the court awarded the appellant $10,000 in costs, inclusive of disbursements and HST, significantly less than the $56,320.96 claimed.
