Philip V. Hiebert

Following the dismissal of the appellant's appeal from a Small Claims Court order, the court determined the issue of costs.

The successful respondents sought costs despite their counsel acting on a pro bono basis.

The court rejected the appellant's arguments against awarding costs in pro bono cases, applying Court of Appeal precedent that costs awards are appropriate and necessary for successful pro bono litigants to ensure access to justice.

The court awarded the respondents partial indemnity costs of $2,557.

The appellant's action was dismissed by a Deputy Judge at a Small Claims Court settlement conference.

The appellant brought a motion before a second Deputy Judge to set aside the dismissal, which was denied for lack of jurisdiction.

The appellant appealed to the Divisional Court.

The court held that the original dismissal was a final order, meaning the second Deputy Judge correctly concluded he had no jurisdiction to hear what was effectively an appeal.

The court also declined to grant an extension of time to appeal the original dismissal order due to the lengthy delay and lack of intention to appeal within the statutory period.