(1) If a claimant does not comply with the requirements of this part, a court in which the claimant begins a proceeding based on the claim—
(a) may, on a respondent's application in the proceeding, award in the respondent's favour costs (including legal and investigation costs) reasonably incurred by the respondent because of the claimant's noncompliance; and
(b) may only award interest in the claimant's favour for a period for which the claimant was in noncompliance if the court is satisfied there is a reasonable excuse for the noncompliance.
(2) If a respondent does not comply with the requirements
of this part, a court in which the respondent defends a proceeding based on
the claim may, on a claimant's application in the proceeding, award in the
claimant's favour costs (including legal and investigation costs) reasonably
incurred by the claimant because of the respondent's noncompliance.