The Plaintiff was successful in their Claim and was awarded Judgment in the amount of $3,703. As the successful party, the Plaintiff applied for Costs. The Defendants argued that the Costs should account for the Plaintiff’s minimal recovery.

Hollins J. noted that Costs are discretionary, and Rule 10.29 provides that the successful party is entitled to Costs. Further, Rule 10.33 sets out the factors that the Court may consider in exercising that discretion. Justice Hollins held that under Rule 10.33(1)(a), given the low value of the Judgment, a lump sum of $5,000 for Costs under Rule 10.31(1)(b)(ii) was appropriate. This award reflected the fact that the Plaintiff was successful, and that the amount recovered and the amounts at issue were “disproportionately low when compared to the costs of proceeding”.