Following settlement of the underlying civil action pursuant to an offer to settle and acceptance, a dispute arose between the parties regarding costs.
The plaintiff indicated an intention to bring a motion for summary judgment regarding the costs issue and did not consent to the pre‑trial judge determining the matter.
The court noted that although the judge had presided as pre‑trial judge, costs had not been discussed during the pre‑trial.
The endorsement records the existence of the dispute but does not determine the costs issue.
