The Plaintiff was successful following a Trial, and the parties could not agree on Costs. The Defendant submitted that Rule 10.42(2) should apply to the Costs award, as the Judgment was for $32,000. Rule 10.42(2) provides that where Judgment granted does not exceed the amount the Provincial Court has jurisdiction over, the costs granted will not be more than 75% of the amount specified in Column 1 of the tariff in Division 2 of Schedule C. The Plaintiff disputed this, arguing that at the time the Action commenced, the Provincial Court only had jurisdiction over amounts of $25,000 or less.

Burrows J. made reference to section 9.6(3) of the Provincial Court Act, RSA 2000, c P-31, which states that the Provincial Court has jurisdiction over amounts of $50,000 or less, but only with regards to Claims that arose after the Provincial Court Act was amended to prescribe jurisdiction over that amount. Burrows J. held that the Plaintiff’s Claim was issued before the $50,000 prescribed limit of the Provincial Court came into force, and therefore Rule 10.42(2) had no application to determining Costs of the Plaintiff in this case.