Case Overview:

• Jessica Li appealed a decision by the Landlord and Tenant Board but later abandoned the appeal.
• The landlord sought costs for the abandoned appeal.

Key Legal Points:

1. Rule 61.14 (4):

   • An appeal’s abandonment is generally without costs unless a response has been filed, or a judge orders otherwise.
   • The Respondent argued that filing a "Certificate Respecting Evidence" qualifies as a response.

2. Appellant’s Argument:

   • The Respondent’s Certificate was redundant, as it merely confirmed the evidence set out in the Appellant’s Certificate.
   • Rule 61.05 mandates such Certificates even for confirmations, making them procedural rather than substantive.

3. Court’s Decision:

   • The judge did not conclusively decide if the Certificate qualifies as a "response" under Rule 61.14(4).
   • However, the discretion under s. 131 of the Courts of Justice Act was exercised to decline awarding costs.

4. Access to Justice Consideration:

   • A substantial cost award might discourage litigants from preserving their rights during appeal periods.
   • The Appellant responsibly abandoned the appeal without causing unnecessary expenses for the Respondent.

Outcome:

• The appeal was formally abandoned with no order as to costs.
• Neither party was explicitly deemed "successful."
• The appeal was abandoned, and the Respondent (Sophia Hou) did not receive costs.