The appellant appealed an interlocutory order of a motions judge who gave directions to an Assessment Officer regarding the assessment of costs.
The appellant argued the motions judge was functus officio and could not clarify that the respondents were entitled to non-tariff disbursements after the assessment had already commenced.
The Divisional Court dismissed the appeal, holding that the motions judge retained jurisdiction under the Courts of Justice Act and the Rules of Civil Procedure to implement and clarify his costs order, and was not varying it.
