Wilcox J.

The respondent successfully defended an appeal of a Small Claims Court judgment and moved for costs of the appeal and the motion, seeking $12,500.

The court noted that the amount claimed was out of proportion to the $10,000 value of the Small Claims Court case.

Applying principles of proportionality and considering the limits on costs in Small Claims Court proceedings, the court fixed the costs of the appeal and the motion at $2,500.

The appellant contractor appealed a Small Claims Court decision awarding the respondent $10,000 for defective garage repair work.

The appellant argued the trial judge erred by considering oral terms outside the written contract, relying on the parol evidence rule.

The Divisional Court dismissed the appeal, finding the contract was a combination of written and oral terms, and the oral terms included a warranty to fix a leaking wall which the appellant breached.