(1) Unless the court otherwise orders, this rule applies to all court events, except in an appeal to which Chapter 13 applies.
(2) Not less than 1 day before each court event, the lawyer for a party must give the party a written notice of:
(a) the party's actual costs, both paid and owing, up to and including the event; and
(b) the estimated future costs of the party up to and including each future court event; and
(c) any expenses paid or payable to an expert witness or, if those expenses are not known, an estimate of the expenses.
(3) Not less than 1 day before each court event:
(a) a party's lawyer must file with the court, and serve on each other party, a copy of the notice given to the party under subrule (2); and
(b) an unrepresented party must file with the court, and serve on each other party, a written statement of:
(i) the actual costs incurred by the party up to and including the event; and
(ii) the estimated future costs of the party up to and including each future court event.
(4) If a party is receiving legal aid:
(a) subrule (2) and paragraph (3)(a) do not apply to the party's lawyer; and
(b) not less than 1 day before the first day of the trial, the party's lawyer must file with the court, and serve on each party, a written statement of the actual costs incurred by the lawyer up to and including the trial.
(6) In a financial proceeding, unless the court otherwise orders:
(a) a notice under subrule (2) or a statement under paragraph (3)(b) must specify the source of the funds for the costs paid or to be paid; and
(b) a party who makes a payment to a lawyer for costs or future costs must disclose to the lawyer the source of funds from which the payment is made.
Note: The court may relieve a party from being required to disclose the source of the funds if, for example, the source is a third party (see rule 1.31).
(7) If a person fails to comply with subrule (3), (4) or (5), the person must file the relevant costs estimate or particulars of costs with the court and serve it on each other party within 3 days of the court event or within such other time period as the court directs.
(8) The court may record, by way of notation, on the face of a case management order the terms of any costs notice and any comments it has about costs incurred in the proceeding, including in relation to their consistency with previous costs notices, and their proportionality.
"lawyer " does not include counsel instructed by another lawyer.