The plaintiff sought reconsideration of a costs award after her counsel was not given an opportunity to make submissions on costs following the dismissal of her motion for disclosure.
The court confirmed its jurisdiction to reconsider an order before it is formally entered to avoid a miscarriage of justice, particularly where a procedural error by the court prevented a party from being heard on costs.
After reviewing written submissions, the court found no reason to vary the original partial indemnity costs award of $8,741.50 to the defendant, concluding the time and effort expended were not disproportionate.
No costs were awarded for the reconsideration endorsement.
