Following a three‑day Small Claims Court trial, the court determined costs after the defendant successfully defended the plaintiff’s $19,254.76 claim but failed on a $1,975 defendant’s claim.
Applying the principle that costs follow the event, the court held the defendant achieved greater overall success due to the significantly larger claim being dismissed.
The court declined to award penalty costs under s. 29 of the Courts of Justice Act or Rule 19.06 of the Small Claims Court Rules because the plaintiff’s conduct did not amount to unreasonable behaviour warranting punitive measures.
Costs in Small Claims Court are capped at 15% of the amount claimed unless justice requires otherwise.
The court awarded the full 15% of the net amount reflecting the defendant’s success, plus reasonable disbursements.
