The appellant appealed a Small Claims Court costs order of $7,500, arguing it exceeded the 15% limit prescribed by section 29 of the Courts of Justice Act.
The total claims against the remaining respondents at trial were $20,319.
The Divisional Court found that the trial judge erred by exceeding the statutory limit without making a finding of unreasonable behaviour to trigger the exception.
The costs award was amended to $3,000.
The court declined to interfere with the trial judge's discretion regarding previous costs orders.
