The defendant brought a motion in writing to set aside a previous costs order made against it, arguing the order was obtained without proper notice.
The plaintiff objected to the motion proceeding in writing and requested an opportunity to make oral argument.
The court noted the defendant presented a strong prima facie case that the previous order was obtained without notice, but pursuant to Rule 37.12.1(6), adjourned the motion to an oral hearing to allow the plaintiff to make submissions.
