This is another in a series of cases which establish generous costs awards in favor of appellants under General Procedure rules.
“[31] In light of the above, and given that there are no other factors relevant in determining costs here, I believe that an appropriate costs award under section 147 is one based on 20% of the fees incurred, plus disbursements. This works out to a lump sum award of $13,000 plus disbursements of $1,714.50.
[32] This award is consistent with an appeal that was mostly successful and in which a relatively low amount of money was involved, in which the issues were novel and carried precedential value but are unlikely to be widely applicable in the future, in which there was a relatively routine volume of work, and in which the level of legal complexity was slightly high.”