dTechs EPM Ltd. v. British Columbia Hydro and Power Authority

dTechs EPM Ltd. v. British Columbia Hydro and Power Authority

Awesense's Bill of Costs is largely reasonable and necessary under Tariff B and the Court's prior orders: specific Tariff items were allowed (with doubling where ordered), second counsel and travel fees were allowed per Court direction, certain claims (Item 4; portions of Item 15 claimed for compendia/Book of...

Source-derived case information.

Citation
2023 FC 1460
Parties
Plaintiff / Defendant by Counterclaim: DTECHS EPM LTD.; Defendant / Plaintiff by Counterclaim: BRITISH COLUMBIA HYDRO AND POWER AUTHORITY; Defendant / Plaintiff by Counterclaim: AWESENSE WIRELESS INC.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
1 November 2023
Procedural Posture
Civil Cost Assessment / Assessment of Costs Pursuant to Federal Court Order
Outcome
Awesense Wireless Inc.'s Bill of Costs assessed and allowed in the total amount of $312,325.07; post-judgment interest at simple rate of 2.5% per annum payable by the Plaintiff to Awesense; Certificate of Assessment to be issued.
Legal Topics
Assessment of Costs, Tariff B, Doubling of Tariff Rates, Second Counsel Fees, Disbursements, Post Judgment Interest, E Discovery Expenses
Source Language
english
Civil Procedure Costs Evidence Court Practice Assessment of Costs Tariff B Doubling of Tariff Rates Second Counsel Fees +3 more

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Parties

DTECHS EPM LTD.

Plaintiff / Defendant by Counterclaim

BRITISH COLUMBIA HYDRO AND POWER AUTHORITY

Defendant / Plaintiff by Counterclaim

AWESENSE WIRELESS INC.

Defendant / Plaintiff by Counterclaim

Procedural Posture

Civil Cost Assessment / Assessment of Costs Pursuant to Federal Court Order

Legal Issues

  1. 1 Whether Awesense is entitled to the claimed Tariff B items at the high end of Column IV and subject to doubling where ordered
  2. 2 Whether specific Tariff items (Items 2-27) and particular disbursements are reasonable and assessable
  3. 3 Whether second counsel and travel fees are recoverable per Court directions

Ratio Decidendi

Awesense's Bill of Costs is largely reasonable and necessary under Tariff B and the Court's prior orders: specific Tariff items were allowed (with doubling where ordered), second counsel and travel fees were allowed per Court direction, certain claims (Item 4; portions of Item 15 claimed for compendia/Book of Authorities) were disallowed under Item 15 but allowed under Item 27 instead, and certain disbursements were reduced (50% allowance for agent's e-discovery fees and online database services; alcohol removed from meal claims; limited telecom allowed). The total allowed was $312,325.07 with post-judgment interest at 2.5% p.a.

Court Disposition

Awesense Wireless Inc.'s Bill of Costs assessed and allowed in the total amount of $312,325.07; post-judgment interest at simple rate of 2.5% per annum payable by the Plaintiff to Awesense; Certificate of Assessment to be issued.

Orders

  • Awesense Wireless Inc.'s Bill of Costs is allowed in the sum of $312,325.07 payable by the Plaintiff (dTechs EPM Ltd.) to Awesense Wireless Inc.
  • Post-judgment interest payable on the allowed amount on a simple basis at 2.5% per annum from the date of the Order