Justice Brown 2013-01-21 York U v. Markicevic - Slaw

Jan,21, 2013 10: 16AM No,4223 p, 42/42
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motion to that effect was delivered. If the peuties cannot agree on the amendment, York may
book a 9:30 appointment before me to deal with the matter.
[161] I would encourage the patties to try to settle the costs of this motion, including
considering whether the costs should be reserved to the trial judge. If they cannot, any party
seeking costs may serve and file with my office written cost submissions, together with a Bill of
Costs, by February 8, 2013. Any palty opposing tile award of costs may serve and file with my
office responding written cost submissions by February 22, 2013, The costs submissions shall
not exceed five (5) pages in length, excluding the Bills of Costs,
[162] Any responding cost submissions should include a Bill of Costs setting out the costs
which that party would have claimed on a full, substantial, and partial indemnity basis. If a party
opposing a cost request fails to file its own Bill of Costs, I shall take that failure into account as
one factor when considel'ing the objections made by the party to the costs sought by any other
peuiy. As Winkler J., as he then was, observed in R;sorto v, State Farm Mutual Automobile
Insurance Co" an attack on the quantum of costs where the COUlt did not have before it the bill of
costs of the unsuccessful peuiy "is no more than an attack in the air", 36
( D. M. Bro,,"J.
Date: January 21,2013
'6 (2003), 64 O.R. (3d) 135 (S.C.1.), para, 10, quoted with approval by the Divisional Court in United Stales of
America v, Yemec, [2001] OJ. No. 2066 (Div. Ct.), para, 54.