Following a successful appeal that set aside an order reducing spousal support, the appellant sought costs of the underlying motion.
The issue of costs for the motion had not been addressed during the appeal hearing or in the initial reasons for judgment.
The Divisional Court exercised its discretion to correct the oversight before the final order was entered, relieving the appellant from the requirement to file a formal notice of motion.
The court awarded the appellant partial indemnity costs of the underlying motion fixed at $14,604.53.
