Crocs Canada Inc. v. Holey Soles Holdings Ltd.

Crocs Canada Inc. v. Holey Soles Holdings Ltd.

Defendant's summary judgment motion was ill-founded; plaintiffs' reported fee claim was excessive and inadequately detailed; consequently defendant is ordered to pay plaintiffs' costs, fixed at $31,000 inclusive of all fees, disbursements and taxes, payable forthwith and in any event of the cause.

Citation
2008 FC 384
Parties
Plaintiff: Crocs Canada Inc.; Plaintiff: Crocs, Inc.; Defendant: Holey Soles Holdings Ltd.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
26 March 2008
Procedural Posture
Civil / Summary Judgment Motion Dismissed
Outcome
Defendant's summary judgment motion dismissed; defendant ordered to pay plaintiffs' costs of $31,000 inclusive, payable forthwith and in any event of the cause.
Legal Topics
Summary Judgment, Assessment of Costs, Solicitor and Client Costs, Tariff Application
Source Language
English
Civil Procedure Costs Summary Judgment Assessment of Costs Solicitor and Client Costs Tariff Application

Case Brief

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Parties

Crocs Canada Inc.

Plaintiff

Crocs, Inc.

Plaintiff

Holey Soles Holdings Ltd.

Defendant

Procedural Posture

Civil / Summary Judgment Motion Dismissed

Legal Issues

  1. 1 Whether defendant's summary judgment motion was appropriate and whether costs should be awarded on a higher scale
  2. 2 Quantum of costs to award given plaintiffs' excessive and inadequately detailed claim
  3. 3 Whether costs should be payable forthwith and in any event of the cause

Ratio Decidendi

Defendant's summary judgment motion was ill-founded; plaintiffs' reported fee claim was excessive and inadequately detailed; consequently defendant is ordered to pay plaintiffs' costs, fixed at $31,000 inclusive of all fees, disbursements and taxes, payable forthwith and in any event of the cause.

Court Disposition

Defendant's summary judgment motion dismissed; defendant ordered to pay plaintiffs' costs of $31,000 inclusive, payable forthwith and in any event of the cause.

Orders

  • The defendant shall pay plaintiffs’ costs on the dismissal of the summary judgment motion forthwith and in any event of the cause, such costs being fixed and assessed in a total amount of $31,000 inclusive of all fees, disbursements and taxes.