This was a Decision regarding Costs. The Plaintiff had made claims in respect of four different mortgages. Three of the claims failed, but Justice Hall found in favour of the Plaintiff for the fourth claim. Damages were assessed at $25,000.

The Plaintiff maintained that it should be awarded Costs as the successful party. The Plaintiff further argued that Schedule C is outdated and does not properly reflect a litigant’s actual legal costs. It argued that Costs should be 40% to 50% of actual legal costs, yielding a total of over $106,000.

The Defendant argued that it was substantially successful in its defence and sought Costs in accordance with Column 2 of Schedule C. In the alternative, if Costs were to be awarded to the Plaintiff, the Defendant argued that the Costs should be limited by Rule 10.42(2)(a). Pursuant to Rule 10.42(2)(a), where an Action is brought in the Court of Queen’s Bench but the amount awarded does not exceed the jurisdiction of the Provincial Court, then Costs must be assessed at no more than 75% of the Column 1 of Schedule C unless the Court otherwise orders.

Justice Hall found that neither of the parties was particularly successful at Trial. His Lordship agreed with the Defendant that Rule 10.42(2)(a) applied, and awarded 75% of Column 1 to the Plaintiff, equating to Costs awarded of $11,907.43.