DHL Global Forwarding (Canada) Inc. v. Lowe’s Canada and Rona Inc.

DHL Global Forwarding (Canada) Inc. v. Lowe’s Canada and Rona Inc.

Given the parties' sophistication, the limited complexity of the proceeding, Rona's complete success, and that Tariff B would not achieve fair indemnification, the Court awarded lump sum costs equal to 22.5% of Rona's reasonably incurred costs ($233,893.20), resulting in an all-inclusive costs award of $52,625.97 to Rona.

Citation
2026 FC 21
Parties
Plaintiff: DHL Global Forwarding (Canada) Inc.; Defendant: Lowe’s Canada; Defendant: Rona Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
8 January 2026
Procedural Posture
Civil Commercial Litigation (summary Judgment and Costs) / Costs Order Following Summary Judgment
Outcome
The Plaintiff DHL Global Forwarding (Canada) Inc. is ordered to pay the Defendant Rona Inc. costs of the summary judgment motion and the proceeding fixed at $52,625.97, all-inclusive.
Legal Topics
Summary Judgment, Costs Awards, Lump Sum Costs, Tariff B, Federal Courts Rules
Source Language
English
Civil Procedure Costs Commercial Law Maritime Law Summary Judgment Costs Awards Lump Sum Costs Tariff B +1 more

Case Brief

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Parties

DHL Global Forwarding (Canada) Inc.

Plaintiff

Lowe’s Canada

Defendant

Rona Inc.

Defendant

Procedural Posture

Civil Commercial Litigation (summary Judgment and Costs) / Costs Order Following Summary Judgment

Legal Issues

  1. 1 Whether the successful defendant (Rona) is entitled to costs for the summary judgment motion and the proceeding
  2. 2 Whether costs should be assessed under Tariff B or by a lump sum based on a percentage of actual costs
  3. 3 What percentage of actual costs is appropriate for a lump sum award in these circumstances

Ratio Decidendi

Given the parties' sophistication, the limited complexity of the proceeding, Rona's complete success, and that Tariff B would not achieve fair indemnification, the Court awarded lump sum costs equal to 22.5% of Rona's reasonably incurred costs ($233,893.20), resulting in an all-inclusive costs award of $52,625.97 to Rona.

Court Disposition

The Plaintiff DHL Global Forwarding (Canada) Inc. is ordered to pay the Defendant Rona Inc. costs of the summary judgment motion and the proceeding fixed at $52,625.97, all-inclusive.

Orders

  • The Plaintiff DHL Global Forwarding (Canada) Inc. shall pay the Defendant Rona Inc. costs of the summary judgment motion and of this proceeding fixed at $52,625.97, all-inclusive.