Compulife Software Inc. v. Compuoffice Software Inc.

Compulife Software Inc. v. Compuoffice Software Inc.

Assessment officer found related proceedings were not relevant to the complexity of the expungement application, rejected the respondent's submission to consistently use the high end of Column III, exercised discretion item-by-item to allow mid-range units and specific disbursements, disallowed costs for the stay motion absent a court order awarding them, disallowed client copies, adjusted photocopy disbursements to reflect allowable copies and rates, and assessed total fees, disbursements and GST at $9,149.06 with interest at 7% from May 31, 2001 to date of collection.

Citation
2002 FCT 1120
Parties
Applicant: Compulife Software Inc.; Respondent: Compuoffice Software Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
29 October 2002
Procedural Posture
Assessment of Costs Arising From Trade Marks Expungement Application / Costs Assessment (written Submissions, Assessment Officer Decision)
Outcome
Costs assessed in favour of Respondent; assessment allowed in part and reduced from amounts claimed.
Legal Topics
Costs Assessment, Trade Marks Expungement, Tariff B, Assessment Officer Practice, Interest on Costs
Source Language
English
Intellectual Property Civil Procedure Costs and Taxation Costs Assessment Trade Marks Expungement Tariff B Assessment Officer Practice Interest on Costs

Case Brief

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Parties

Compulife Software Inc.

Applicant

Compuoffice Software Inc.

Respondent

Procedural Posture

Assessment of Costs Arising From Trade Marks Expungement Application / Costs Assessment (written Submissions, Assessment Officer Decision)

Legal Issues

  1. 1 Whether related concurrent proceedings increased complexity for purposes of costs
  2. 2 Appropriate column/level under Tariff B for party-and-party costs
  3. 3 Whether costs of a prior stay motion were recoverable in this assessment

Ratio Decidendi

Assessment officer found related proceedings were not relevant to the complexity of the expungement application, rejected the respondent's submission to consistently use the high end of Column III, exercised discretion item-by-item to allow mid-range units and specific disbursements, disallowed costs for the stay motion absent a court order awarding them, disallowed client copies, adjusted photocopy disbursements to reflect allowable copies and rates, and assessed total fees, disbursements and GST at $9,149.06 with interest at 7% from May 31, 2001 to date of collection.

Court Disposition

Costs assessed in favour of Respondent; assessment allowed in part and reduced from amounts claimed.

Orders

  • Respondent entitled to assessed fees, disbursements and GST in the amount of $9,149.06
  • Interest on the assessed amount to run at 7% per annum from May 31, 2001 to date of collection pursuant to Federal Court Act s.37(1) and Courts of Justice Act ss.127(1) and 129(1)