Following dismissal of an appeal from a costs assessment arising out of a defamation action commenced under the Simplified Procedure, the court determined the appropriate costs of the appeal.
The responding party sought more than $29,000 in costs relying on an offer to settle and substantial indemnity rates.
The court emphasized the principles of proportionality and the reasonable expectations of the losing party in fixing costs, drawing on appellate authority cautioning against rigid cost formulas.
Finding the matter straightforward and the claimed fees disproportionate, the court fixed costs in line with a reasonable settlement offer previously made by the appellant.
