S. Timokhov

The appellant appealed a Small Claims Court decision finding her liable for water damage to her neighbour's property caused by a detached downspout.

The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's assessment of the evidence or application of the law.

The court noted that Small Claims Court reasons must be considered in light of the court's informal nature and statutory mandate for efficiency.

The defendant sought costs following the dismissal of the plaintiff's Small Claims Court appeal.

The defendant claimed full indemnity costs of $4,203.60, while the plaintiff argued costs should be on a partial indemnity basis.

The court applied the principle that full indemnity costs are only awarded in rare and exceptional circumstances.

Finding no such circumstances, the court awarded the defendant partial indemnity costs of $3,000, to be set off against the judgment owing to the plaintiff.