Costs incurred in preparing a motion before it is filed (including drafting the motion and supporting affidavits) are recoverable as costs 'of' the motion without the order needing to specify costs 'incidental to' the motion. A broad-brush discount of 30% on a gross sum costs order is excessive; ordinarily 10% is appropriate, and a lesser discount may suffice where the applicant has already applied discounts to solicitor/client costs. On a party/party assessment, recovery of approximately 70-80% of solicitor/client costs and close to 100% of reasonable counsel's fees can be expected.
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