Question juridique clé
Whether the appellant's right to be heard was violated because he was not allowed to comment on the respondent's expense note used to recalculate costs.
Solution extraite
Yes. The expense note had to be disclosed or at least its filing had to be communicated so the appellant could inspect it and comment.
Motifs extraits
The right to be heard includes access to all submissions filed with the court, even if they contain no new arguments; this applies also to a cost note because it can materially affect the party award.