Double Diamond Distribution, Ltd. v. Crocs Canada, Inc.

Double Diamond Distribution, Ltd. v. Crocs Canada, Inc.

Because the plaintiff failed to comply with the court's oral direction and did not file responding submissions or evidence, the court awarded the defendants costs at the midpoint of Column III of Tariff B, totaling $7,521.60 (exclusive of taxes), and ordered those costs to be paid by the plaintiff within fourteen days.

Citation
2020 FC 82
Parties
Plaintiff: DOUBLE DIAMOND DISTRIBUTION, LTD.; Defendant: CROCS CANADA, INC.; Defendant: CROCS, INC.; Defendant: CROCS RETAIL, LLC; Defendant: WESTERN BRANDS HOLDING COMPANY, LLC
Court
Federal Court
Jurisdiction
Canada
Judgment Date
20 January 2020
Procedural Posture
Competition and Trademark Civil Action / Costs Assessment and Order Following Motions
Outcome
Costs awarded to defendants; plaintiff ordered to pay $7,521.60 (exclusive of taxes) within 14 days.
Legal Topics
Misrepresentation, Declaration Under Statutory Provisions, Security for Costs, Costs Assessment, Non‑compliance With Court Directions
Source Language
English
Competition Law Trademark Law Civil Procedure Costs and Remedies Misrepresentation Declaration Under Statutory Provisions Security for Costs Costs Assessment +1 more

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Parties

DOUBLE DIAMOND DISTRIBUTION, LTD.

Plaintiff

CROCS CANADA, INC.

Defendant

CROCS, INC.

Defendant

CROCS RETAIL, LLC

Defendant

WESTERN BRANDS HOLDING COMPANY, LLC

Defendant

Procedural Posture

Competition and Trademark Civil Action / Costs Assessment and Order Following Motions

Legal Issues

  1. 1 Whether defendants were entitled to costs for motions previously decided in their favour
  2. 2 What quantum of costs was appropriate under the Federal Courts Rules Tariff B
  3. 3 Whether the plaintiff's failure to file responding submissions justified an order for costs payable within a short deadline

Ratio Decidendi

Because the plaintiff failed to comply with the court's oral direction and did not file responding submissions or evidence, the court awarded the defendants costs at the midpoint of Column III of Tariff B, totaling $7,521.60 (exclusive of taxes), and ordered those costs to be paid by the plaintiff within fourteen days.

Court Disposition

Costs awarded to defendants; plaintiff ordered to pay $7,521.60 (exclusive of taxes) within 14 days.

Orders

  • The plaintiff shall pay costs to the defendants in the amount of $7,521.60 (exclusive of any applicable taxes).
  • These costs shall be paid no later than fourteen (14) days from the date of this Order.