Georgetown Rail Equipment Company v. Tetra Tech Eba Inc.

Georgetown Rail Equipment Company v. Tetra Tech Eba Inc.

Tetra Tech failed to provide the detailed billing records and sufficient explanation required to justify a lump sum award above the Tariff; accordingly the Court ordered that Tetra Tech’s fees be assessed in accordance with Column V of Tariff B and that Tetra Tech be reimbursed only for disbursements shown to be reasonable and necessary.

Citation
2020 FC 1188
Parties
Plaintiff/defendant by Counterclaim: GEORGETOWN RAIL EQUIPMENT COMPANY; Defendant/plaintiff by Counterclaim: TETRA TECH EBA INC.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
23 December 2020
Procedural Posture
Patent Infringement, Validity, Appeal and Costs / Costs Assessment Following Federal Court of Appeal Judgment and Remittal and Quantification Proceedings
Outcome
Tetra Tech’s fees shall be assessed in accordance with Column V of Tariff B; Tetra Tech shall be reimbursed for only those disbursements that are shown to be reasonable and necessary.
Legal Topics
Infringement, Validity, Appeal, Costs Assessment, Lump Sum Costs, Tariff B
Source Language
English
Intellectual Property Patent Law Civil Procedure Costs Infringement Validity Appeal Costs Assessment +2 more

Case Brief

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Parties

GEORGETOWN RAIL EQUIPMENT COMPANY

Plaintiff/defendant by Counterclaim

TETRA TECH EBA INC.

Defendant/plaintiff by Counterclaim

Procedural Posture

Patent Infringement, Validity, Appeal and Costs / Costs Assessment Following Federal Court of Appeal Judgment and Remittal and Quantification Proceedings

Legal Issues

  1. 1 Whether a lump sum costs award above the Tariff is justified
  2. 2 Appropriate quantum of costs for liability and quantification phases
  3. 3 Whether claimed disbursements are reasonable and recoverable

Ratio Decidendi

Tetra Tech failed to provide the detailed billing records and sufficient explanation required to justify a lump sum award above the Tariff; accordingly the Court ordered that Tetra Tech’s fees be assessed in accordance with Column V of Tariff B and that Tetra Tech be reimbursed only for disbursements shown to be reasonable and necessary.

Court Disposition

Tetra Tech’s fees shall be assessed in accordance with Column V of Tariff B; Tetra Tech shall be reimbursed for only those disbursements that are shown to be reasonable and necessary.

Orders

  • Tetra Tech’s fees shall be assessed in accordance with Column V of Tariff B.
  • Tetra Tech shall be reimbursed for only those disbursements that are shown to be reasonable and necessary.