Worth noting: Justice Kevin W. Whitaker has held, in Moore v. CHRY Community, 2012 ONSC 5122 (CanLII), that for purposes of awarding costs, actions tried under simplified procedure occupy a position between Small Claims Court trials and trials held under ordinary procedure in the Superior Court:
I accept the submissions of the plaintiff that costs awarded under the Simplified Rules have in a number of cases been significantly lower than under the ordinary provisions and further that this understanding should properly inform the reasonable expectations of the parties. It is appropriate for purposes of determining costs to consider these types of proceedings as occupying a half way house between regular trials and those in the Small Claims Court.
His Honour also noted that “Where the law is unsettled or unclear, costs orders may be otherwise reduced.”