In Qualizza v. Canada (Fed CA, 2025) the Federal Court of Appeal grants a motion to set aside a partial appellate notice of discontinuance.
Here the court applies a pleaded 'such other relief' provision in a notice of motion, here regarding a costs award:
[21] Though Mr. Lolacher’s notice of motion does not explicitly identify costs as part of the relief sought, it does seek "“[a]ny further or additional relief as this Honourable Court deems just and equitable in the circumstances.”" Moreover, Mr. Lolacher explicitly seeks costs at paragraph 12 of his notice of motion, as well as at paragraphs 12 and 21 of his written representations. Therefore, there is nothing unfair in awarding the costs of this motion to Mr. Lolacher and against the appellants.
[22] I will award costs in the amount of $2,000 to be paid forthwith by the appellants to Mr. Lolacher.
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