FERCHOFF v CONDOMINIUM CORPORATION NO 1412788

This decision involved the costs of an unsuccessful appeal. While the Appellants did not dispute that the Respondents were entitled to costs under Rule 14.88, the parties were unable to agree on the appropriate scale of costs.

The Respondents argued for costs under Column 3 of Schedule C because the Appellants had sought damages of $350,000 in their Statement of Claim. The Appellants submitted that the Respondents were entitled to costs under Column 1 of Schedule C because the Application leading to the Order under appeal only sought declaratory and injunctive relief, not damages. The amount of money at issue in the Application was approximately $75,000.

The Court held that the appropriate scale for costs was Column 1 of Schedule C, on the basis that the claim for damages was not the subject of the appeal.