“In the final paragraph of her factum, the respondent “respectfully requests that this Honourable Court review her Offer to Settle this Motion for Leave to Appeal prior to awarding costs.”
It is not open to parties to disregard case management directions, even “respectfully”. If a party wishes a variation in a case management direction, that variation must be sought prospectively. Our case management system facilitates timely and efficient disposition of motions for leave to appeal, both for the parties and for the court. It is not efficient for leave panels to reconstitute themselves a second time to consider costs issues. This practice is in keeping with the practice as to costs of motions for leave to appeal in the Ontario Court of Appeal and the Supreme Court of Canada.
Where parties fail to provide their costs materials to the court as directed, the court will usually exercise its discretion to award no costs or to award a standard amount of costs that, in the opinion of the court, is appropriate for the matter at hand, generally $2,500 or $5,000, depending on the nature of the case. It will be only in exceptional circumstances that the court will direct or permit further materials on costs after the decision has been rendered on the merits of the leave motion.”