dTechs epm Ltd. v. British Columbia Hydro and Power Authority

dTechs epm Ltd. v. British Columbia Hydro and Power Authority

Award party-and-party costs to each successful defendant at the high end of Column IV of Tariff B; do not award a lump sum indemnity for actual fees; apply doubling of tariff values (excluding disbursements) from the dates of the defendants' compliant Rule 420 settlement offers to March 1, 2021; fix post-judgment interest at 2.5% simple; deny application to make Broy Engineering jointly and severally liable for lack of evidence and notice.

Citation
2021 FC 357
Parties
Plaintiff/defendant by Counterclaim: dTechs epm Ltd.; Defendant/plaintiff by Counterclaim: British Columbia Hydro and Power Authority; Defendant/plaintiff by Counterclaim: Awesense Wireless Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
22 April 2021
Procedural Posture
Patent Infringement and Validity Counterclaim / Costs Determination Following Judgment
Outcome
Costs awarded to British Columbia Hydro and Power Authority and to Awesense Wireless Inc.; costs assessed at high end of Column IV of Tariff B with doubling of tariff rates (excluding disbursements) from defendants' settlement offer dates; post-judgment interest fixed at 2.5%; request to hold Broy Engineering...
Legal Topics
Infringement, Invalidity, Anticipation, Obviousness, Costs Assessment, Offers to Settle, Post Judgment Interest, Third Party Funding and Joint Liability
Source Language
English
Intellectual Property Patent Law Civil Procedure Costs Law Infringement Invalidity Anticipation Obviousness +4 more

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Parties

dTechs epm Ltd.

Plaintiff/defendant by Counterclaim

British Columbia Hydro and Power Authority

Defendant/plaintiff by Counterclaim

Awesense Wireless Inc.

Defendant/plaintiff by Counterclaim

Procedural Posture

Patent Infringement and Validity Counterclaim / Costs Determination Following Judgment

Legal Issues

  1. 1 Whether lump sum costs (partial indemnity of actual fees) should be awarded
  2. 2 Appropriate tariff level for party-and-party costs
  3. 3 Effect of Rule 420 settlement offers on costs (doubling after offer)

Ratio Decidendi

Award party-and-party costs to each successful defendant at the high end of Column IV of Tariff B; do not award a lump sum indemnity for actual fees; apply doubling of tariff values (excluding disbursements) from the dates of the defendants' compliant Rule 420 settlement offers to March 1, 2021; fix post-judgment interest at 2.5% simple; deny application to make Broy Engineering jointly and severally liable for lack of evidence and notice.

Court Disposition

Costs awarded to British Columbia Hydro and Power Authority and to Awesense Wireless Inc.; costs assessed at high end of Column IV of Tariff B with doubling of tariff rates (excluding disbursements) from defendants' settlement offer dates; post-judgment interest fixed at 2.5%; request to hold Broy Engineering...

Orders

  • Costs, including disbursements, payable to British Columbia Hydro and Power Authority by dTechs epm Ltd shall be assessed in accordance with the high end of Column IV of Tariff B of the Federal Courts Rules; costs shall be calculated at double the Tariff rate (but not double disbursements) from October 30, 2020 to...
  • Costs, including disbursements, payable to Awesense Wireless Inc by dTechs epm Ltd shall be assessed in accordance with the high end of Column IV of Tariff B of the Rules; costs shall be calculated at double the Tariff rate (but not double disbursements) from April 24, 2020 to March 1, 2021.