Swist v. MEG Energy Corp.

Swist v. MEG Energy Corp.

Costs awarded to MEG were assessed at the high end of Column V of Tariff B rather than by lump sum because the successful defendant failed to justify departure from the Tariff given party sophistication, aspects of MEG's conduct (withdrawn summary judgment, rejected security for costs motion, late disclosure causing...

Source-derived case information.

Citation
2021 FC 198
Parties
Plaintiff/defendant by Counterclaim: Jason Swist; Plaintiff/defendant by Counterclaim: Crude Solutions Ltd.; Defendant/plaintiff by Counterclaim: MEG Energy Corp.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
3 March 2021
Procedural Posture
Patent Infringement and Invalidity (civil) / Post Judgment Costs Assessment (costs Hearing)
Outcome
Costs awarded to Defendant MEG Energy Corp; assessed under the high end of Column V of Tariff B with expert fees capped; total payable $521,932.93 inclusive of all fees and disbursements.
Legal Topics
Infringement, Invalidity, Anticipation, Inutility, Costs Assessment, Tariff B, Lump Sum Award, Expert Fees, Security for Costs
Source Language
english
Intellectual Property Patent Law Civil Procedure Costs Infringement Invalidity Anticipation Inutility +5 more

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Parties

Jason Swist

Plaintiff/defendant by Counterclaim

Crude Solutions Ltd.

Plaintiff/defendant by Counterclaim

MEG Energy Corp.

Defendant/plaintiff by Counterclaim

Procedural Posture

Patent Infringement and Invalidity (civil) / Post Judgment Costs Assessment (costs Hearing)

Legal Issues

  1. 1 Appropriate scale and method for awarding costs (Tariff B vs lump sum)
  2. 2 Recoverability and quantum of expert fees
  3. 3 Whether conduct of successful party justifies reduction in costs

Ratio Decidendi

Costs awarded to MEG were assessed at the high end of Column V of Tariff B rather than by lump sum because the successful defendant failed to justify departure from the Tariff given party sophistication, aspects of MEG's conduct (withdrawn summary judgment, rejected security for costs motion, late disclosure causing trial delay, and abandoned fraud-like argument) and partial weaknesses in MEG's case; expert fees claimed were reduced and capped at $250,000 due to duplication and limited utility of overlapping expert evidence. The resulting payable amount is $521,932.93 inclusive of fees and disbursements.

Court Disposition

Costs awarded to Defendant MEG Energy Corp; assessed under the high end of Column V of Tariff B with expert fees capped; total payable $521,932.93 inclusive of all fees and disbursements.

Orders

  • Costs payable to Defendant MEG Energy Corp by Plaintiffs Jason Swist and Crude Solutions Ltd assessed in accordance with the high end of Column V of Tariff B for a total of $521,932.93 inclusive of all fees and disbursements.