The appellant appealed a Small Claims Court decision awarding the respondent $10,576 in damages and $10,500 in costs.
The appellant argued the trial judge erred by providing oral rather than written reasons, making factual errors, demonstrating bias, and awarding costs exceeding the statutory limit.
The Divisional Court dismissed the substantive grounds of appeal, finding that transcribed oral reasons are sufficient and the factual errors were immaterial.
However, the court allowed the appeal on costs, finding the trial judge failed to provide sufficient reasons for exceeding the 15% limit under section 29 of the Courts of Justice Act.
The costs award was reduced to $7,420.
