R. Kesarwani

Following the dismissal of the appellants' appeal from a Small Claims Court judgment, the court received written submissions on costs.

The successful respondent sought costs on a partial indemnity scale.

Applying principles of proportionality, the court fixed the respondent's costs of the appeal at $4,534.13, inclusive of fees, disbursements, and HST.

The appellants appealed a Small Claims Court decision awarding the respondent $7,500 for breach of contract.

The appellants argued the trial judge erred by denying an adjournment, admitting an undisclosed document and a privileged settlement offer, intervening excessively, and misunderstanding evidence due to ill health.

The Divisional Court dismissed the appeal, finding no palpable and overriding errors and concluding that the trial judge's credibility findings and ultimate decision were supported by the evidence.