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

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

Applying the Court's Orders and the Federal Courts Rules, the Assessment Officer allowed the majority of BC Hydro's claimed assessable services and disbursements as necessary and reasonable under Tariff B (high-end Column IV) with doubling where ordered, allowed second counsel and travel fees per the Rule 403 directions, disallowed specific claims lacking support or outside indemnity principles (certain motion claims lacking cost awards, specific taxi and meal items including alcohol, one internet archive cancellation fee, some unspecified office overhead), and assessed the Bill of Costs at $554,677.17 with post-judgment interest at 2.5% per annum.

Citation
2023 FC 1446
Parties
Plaintiff/ Defendant by Counterclaim: DTECHS EPM LTD.; Defendant/ Plaintiff by Counterclaim: BRITISH COLUMBIA HYDRO AND POWER AUTHORITY; Defendant/ Plaintiffs by Counterclaim: AWESENSE WIRELESS INC.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
31 October 2023
Procedural Posture
Costs Assessment (federal Court) / Assessment by Assessment Officer (public Reasons for Assessment)
Outcome
Bill of Costs assessed and allowed in the total amount of $554,677.17; post-judgment interest at 2.5% per annum simple to be paid by the Plaintiff to BC Hydro; Certificate of Assessment to be issued.
Legal Topics
Costs Assessment, Tariff B, Expert Witness Fees, Disbursements, Rule 403 Directions, Doubling of Tariff Rates, Assessment Officer Practice
Source Language
English
Civil Litigation Intellectual Property Patent Law Federal Court Procedure Costs Law Costs Assessment Tariff B Expert Witness Fees +4 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/ Plaintiffs by Counterclaim

Procedural Posture

Costs Assessment (federal Court) / Assessment by Assessment Officer (public Reasons for Assessment)

Legal Issues

  1. 1 Whether BC Hydro’s claimed costs and disbursements were reasonable and allowable under Tariff B and the Federal Courts Rules
  2. 2 Whether expert fees (J.B. Shepherd) were reasonable and should be paid in full
  3. 3 Whether second counsel and travel fees should be allowed as per court directions under Rule 403

Ratio Decidendi

Applying the Court's Orders and the Federal Courts Rules, the Assessment Officer allowed the majority of BC Hydro's claimed assessable services and disbursements as necessary and reasonable under Tariff B (high-end Column IV) with doubling where ordered, allowed second counsel and travel fees per the Rule 403 directions, disallowed specific claims lacking support or outside indemnity principles (certain motion claims lacking cost awards, specific taxi and meal items including alcohol, one internet archive cancellation fee, some unspecified office overhead), and assessed the Bill of Costs at $554,677.17 with post-judgment interest at 2.5% per annum.

Court Disposition

Bill of Costs assessed and allowed in the total amount of $554,677.17; post-judgment interest at 2.5% per annum simple to be paid by the Plaintiff to BC Hydro; Certificate of Assessment to be issued.

Orders

  • Bill of Costs assessed and allowed in the total amount of $554,677.17
  • Post-judgment interest to be calculated on a simple basis at 2.5% per annum from the date of the Order