Does the City have to ask for costs in its notice of motion material?

Secondly, the City’s failure to ask for costs in its motion material does not act as a bar to (a) its seeking costs, or, (b) it being awarded costs. See Lemieux v. Canada (Attorney General) (2005), 141 A.C.W.S. (3d) 29, where no costs were sought in the notice of motion, but were nevertheless asked for following the hearing of the motion. Lederman J. expressed the view that the test was whether the opposing party would be prejudiced by the party seeking costs when none was claimed. He said, at paragraph 7 of his Ruling that “It is in the usual expectation of the parties that costs will be sought by the successful party.” He saw no prejudice to the losing party that costs were not being sought, when none had been claimed.