Can a court be functus officio where it entered an order with respect to liability and damages but retains jurisdiction to order costs?
British Columbia, Canada
The following excerpt is from GC Parking Ltd. v. New West Ventures Ltd. et al, 2004 BCSC 1700 (CanLII):
The court can be functus officio where the entered order accurately deals with matters which were dealt with in the Reasons for Judgment but retain jurisdiction to deal with matters which were not set out in the entered order but which were dealt with in the Reasons for Judgment. Bavelas v. Copley, [2000] B.C.J. (Q.L.) No. 523 (B.C.S.C.) dealt with an order entered with respect to liability and damages but not with respect to costs. Drost J. held that the entry of the order rendered the court functus offico “except with respect to the issue of costs” (at para. 20):
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