Costs submissions

Sometimes a Court makes a costs decision, at least as to scale, at the end of a judgment without giving the parties a chance to make submissions.

This is an error: see today's appeal decision in Réno-Dépôt Inc. v. Wonderland Commercial Centre Inc., 2008 ONCA 786:

[9]               In respect of the costs appeal, we begin by noting that it is an error in law to fail to provide counsel with the opportunity to make submissions regarding the scale of costs before deciding that matter: see Metzler  v. Shier, [2002] O.J. No. 3609 (C.A.).
James Morton
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