“The effect of Rule 24(10) is that where a court makes no costs ruling or is silent on costs in an earlier preliminary step, it is not open to the motions or trial judge to rule on costs with respect to the earlier preliminary step: Klimowicz v. Moffat-Klimowiz, 2007 CanLII 40866 (Ont. S.C.), at para. 1. This was the status quo in March 2017, when the Order was made. Since then, Rule 24(10) has been modified by Rule 24 (11) as follows:
The failure of the court to act under subrule (10) in relation to a step in a case does not prevent the court from awarding costs in relation to the step at a later stage in the case.”
I look forward to these pithy refreshers! Thanks Brahm and team.