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Successful appellant awarded $8,700 in costs for multiple stages of Small Claims Court litigation.
Following a successful appeal from a Small Claims Court decision, the personal defendant sought costs for six different steps in the proceeding, including two trials, two appeals, and two motions.
The Divisional Court awarded the personal defendant a total of $8,700 in costs payable by the plaintiff, while leaving the costs award against the corporate defendant intact.
Part payment by a corporate debtor does not extend the limitation period against a personal guarantor.
The appellant, a personal guarantor of a corporate debt, appealed a Small Claims Court decision finding him liable for the debt.
The trial judge had found that a part payment made by the corporate debtor extended the limitation period against both the corporation and the guarantor.
On appeal, the Superior Court held that the causes of action against the debtor and the guarantor were separate and distinct.
Under the Limitations Act, 2002, a part payment only extends the limitation period against the person making the payment or their agent.
Since there was no evidence the guarantor made a part payment or acknowledged the debt, the limitation period against him had expired.
The appeal was allowed and the judgment against the guarantor was set aside.
