The plaintiff was awarded damages of $28,503.25.
The parties could not agree on costs.
The plaintiff sought partial indemnity costs of $57,131.45, while the defendants argued for no costs due to the plaintiff's failure to use the simplified procedure under Rule 76, despite the judgment being under $100,000.
The court found it was not reasonable for the action to proceed under ordinary procedure but declined to deny all costs.
Applying the discretion under the Courts of Justice Act and Rule 57.01, and considering factors like proportionality, the modest damages, and inefficiencies, the court fixed partial indemnity costs at $15,000, all inclusive, for the plaintiff.