Where a court has found unreasonable conduct sufficient to warrant indemnity costs, that same conduct constitutes a prima facie basis for ordering those costs payable forthwith under UCPR 42.7. A refusal to make a costs forthwith order without engaging with the reasons that warranted indemnity costs is a patent error susceptible to appellate intervention. UCPR 42.7 does not apply to costs orders against a party who has effectively discontinued from proceedings.
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