Judgement = $19,860 But Costs Award = $23,500

In Mazanek v Bill & Son Towing ( no citation yet ) Steele J. awarded $23,500 ( inclusive of disbursements and HST) on partial indemnity basis even though the recovery was within the jurisdiction of Small Claims Court. The judge seemed to do so for the following reasons :
1) The Plaintiff won and is presumptively entitled to costs.
2) The Defendant brought a $100,000 counterclaim which was not abandoned but in which they led no evidence.
3) There were 5 allegations of cause alleged which were litigated
4) The only defence offer was made 8 days before trial for only $5,000.
5) The Plaintiff spent 118 hours on the file while the Defendant spent 95 hours.