The Court considered the appropriate Costs Award for an Appeal of a Provincial Court Decision (the “PC Decision”). The PC Decision awarded the Plaintiff $50,000 plus judgment interest. On Appeal, Fraser J. reduced the award to the Plaintiff to $10,335 plus GST.

The Plaintiff sought solicitor-client Costs as well as contractual interest on the Judgment amount. The Defendant argued that solicitor-client Costs were not appropriate and that Costs should instead be awarded based on Column 1 of Schedule C.

The Court determined that solicitor-client Costs were not appropriate. The Court noted that Costs Awards are discretionary under Rule 10.31, and Rule 10.33 provides non-exhaustive factors that the Court may consider when making a Costs Award. The Court determined that there was a genuine issue to be litigated and both parties acted reasonably throughout the litigation. The Court was unable to determine exactly what steps were taken but noted that the litigation was more complex than most falling under Column 1 of Schedule C. the Court awarded the Plaintiff $10,000 in Costs and contractual interest on the Judgment amount.