What is the test for agreeing on the issue of costs in a personal injury action?

However, if the parties are unable to agree on the question of costs, they may file brief written submissions with the court, of no more than five (5) double-spaced pages (exclusive of any costs outline, bill of costs, dockets, offers to settle, or authorities), in accordance with the formatting standards of rule 4.01 of the Rules of Civil Procedure[17] and the following schedule: a. The applicant shall deliver her submissions within thirty (30) days following the release of these reasons; b. The respondent shall deliver his submissions within twenty (20) days following service of the applicant’s submissions; c. The applicant shall deliver her reply submissions, if any, which shall be limited to no more than three (3) double-spaced pages, within five (5) days following service of the respondent’s submissions; and d. If either party fails to deliver their submissions in accordance with this schedule, they shall be deemed to have waived their rights with respect to the issue of costs, and the court may proceed to make its determination in the absence of their input or give such directions as the court considers necessary or advisable. J. Paul R. Howard Justice Released: March 30, 2021 CITATION: Tompkins v. Tompkins, 2021 ONSC 2406 CHATHAM COURT FILE NO.: FS-17-00006726-0000 DATE: 20210330 ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: CHERYL EDITH TOMPKINS Applicant – and – GREG SCOTT TOMPKINS Respondent REASONS FOR judgment Howard J. Released: March 30, 2021