Plaintiff Awarded $34,000 for Claim and $22,000 in Costs:
In Nahum v. Honeycomb Hospitality Inc., 2021 ONSC 1988 (CanLII)
Justice Akbarali rejected the Defendants claim that because the Plaintiff recovered less than the $35,000 Small Claims Court limit, she should be denied costs for her Superior Court action.
The judge rejected this proposal as she found that it was reasonable for the Plaintiff to start a Superior Court Action. In determining the award of costs she considered the following factors:
1) Neither side beat their own Rule 49 offer.
2) The defendant’s partial indemnity costs were $21,000
3) The Plaintiff did win the case at 5 months notice while the defendant proposed 2 months.
4) There was a moderately complex issue of the plaintiff’s pregnancy and how it affected the notice period and a trial was required to determine the issue.
5) Each side acted reasonably in the litigation.
Justice Akbarali rejected the Defendants claim that because the Plaintiff recovered less than the $35,000 Small Claims Court limit, she should be denied costs for her Superior Court action.
The judge rejected this proposal as she found that it was reasonable for the Plaintiff to start a Superior Court Action. In determining the award of costs she considered the following factors:
1) Neither side beat their own Rule 49 offer.
2) The defendant’s partial indemnity costs were $21,000
3) The Plaintiff did win the case at 5 months notice while the defendant proposed 2 months.
4) There was a moderately complex issue of the plaintiff’s pregnancy and how it affected the notice period and a trial was required to determine the issue.
5) Each side acted reasonably in the litigation.
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