(1) This rule applies to an appeal to which Part 13.3 or 13.4 applies.
(2) A party who intends to seek costs at the conclusion of the hearing of the appeal, subject to the outcome of the appeal, must:
(a) file and serve, no later than 7 days before the first day of the sittings in which the appeal is listed for hearing, a schedule of the costs to be sought at the scale prescribed by these Rules; and
(b) be in a position to address the court as to costs (including quantum), whether sought by or against that party, at the conclusion of the hearing.
(3) If a party files a schedule of costs under subrule (2), all parties must be in a position to address the court on the question of costs (including quantum) at the conclusion of the hearing.
Note: A party may include indemnity costs in a costs schedule as well as costs to be sought at the scale prescribed by these Rules.