Ark Innovation Technology Inc. v. Matidor Technologies Inc.

Ark Innovation Technology Inc. v. Matidor Technologies Inc.

Plaintiffs were the successful parties and entitled to costs. A lump sum award based on 25% of plaintiffs' actual fees, reduced by $2,000 to account for unnecessary increased costs from an over‑inclusive record, plus recoverable disbursements and taxes, fairly compensates plaintiffs given mixed success on some issues and late admission by defendants. Total costs awarded: $70,863 inclusive of fees, disbursements, and taxes.

Citation
2022 FC 72
Parties
Plaintiff: ARK INNOVATION TECHNOLOGY INC.; Plaintiff: ARK PLATFORMS INC.; Defendant: MATIDOR TECHNOLOGIES INC.; Defendant: WING CHUEN LAM A.K.A. VINCENT LAM
Court
Federal Court
Jurisdiction
Canada
Judgment Date
21 January 2022
Procedural Posture
Intellectual Property — Copyright and Passing Off / Summary Trial Concluded; Order as to Costs Following Judgment
Outcome
The defendants shall pay the plaintiffs costs in the amount of $70,863, inclusive of fees, disbursements, and taxes.
Legal Topics
Summary Trial, Costs Assessment, Injunction, Damages, Requests to Admit, Expert Evidence
Source Language
English
Intellectual Property Copyright Passing Off Civil Procedure Costs Summary Trial Costs Assessment Injunction +3 more

Case Brief

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Parties

ARK INNOVATION TECHNOLOGY INC.

Plaintiff

ARK PLATFORMS INC.

Plaintiff

MATIDOR TECHNOLOGIES INC.

Defendant

WING CHUEN LAM A.K.A. VINCENT LAM

Defendant

Procedural Posture

Intellectual Property — Copyright and Passing Off / Summary Trial Concluded; Order as to Costs Following Judgment

Legal Issues

  1. 1 Whether the plaintiffs were the successful party for costs purposes
  2. 2 Appropriate quantum and form of costs award (lump sum percentage of actual fees vs Tariff)
  3. 3 Impact of parties' conduct and late admissions on costs

Ratio Decidendi

Plaintiffs were the successful parties and entitled to costs. A lump sum award based on 25% of plaintiffs' actual fees, reduced by $2,000 to account for unnecessary increased costs from an over‑inclusive record, plus recoverable disbursements and taxes, fairly compensates plaintiffs given mixed success on some issues and late admission by defendants. Total costs awarded: $70,863 inclusive of fees, disbursements, and taxes.

Court Disposition

The defendants shall pay the plaintiffs costs in the amount of $70,863, inclusive of fees, disbursements, and taxes.

Orders

  • The defendants and each of them shall pay to the plaintiffs or as they may direct costs in the amount of $70,863, inclusive of fees, disbursements, and taxes.