Dragona Carpet Supplies Mississauga inc. v. Dragona Carpet Carpet Supplies Ltd.

Dragona Carpet Supplies Mississauga inc. v. Dragona Carpet Carpet Supplies Ltd.

The court found the defendants entitled to costs, accepted that the submitted invoices with docket descriptions evidenced incurred fees and disbursements, rejected the claim for higher solicitor-client percentages as the plaintiff's conduct was not sufficiently reprehensible, and awarded a lump sum equal to 50% of aggregate fees plus disbursements, resulting in assessed costs of $249,392.22 (all in).

Citation
2022 FC 1200
Parties
Plaintiff/defendant by Counterclaim: DRAGONA CARPET SUPPLIES MISSISSAUGA INC; Defendants/plaintiffs by Counterclaim: DRAGONA CARPET SUPPLIES LTD AND FLOORENO BUILDING SUPPLIES INC
Court
Federal Court
Jurisdiction
Canada
Judgment Date
15 August 2022
Procedural Posture
Trademark Passing Off and Expungement / Costs Submissions (post Summary Trial Judgment)
Outcome
Costs awarded to Defendants; Plaintiff to pay assessed costs.
Legal Topics
Passing Off, Trademark Expungement, Costs Awarding, Summary Trial
Source Language
English
Intellectual Property Trademark Law Civil Procedure Costs Passing Off Trademark Expungement Costs Awarding Summary Trial

Case Brief

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Parties

DRAGONA CARPET SUPPLIES MISSISSAUGA INC

Plaintiff/defendant by Counterclaim

DRAGONA CARPET SUPPLIES LTD AND FLOORENO BUILDING SUPPLIES INC

Defendants/plaintiffs by Counterclaim

Procedural Posture

Trademark Passing Off and Expungement / Costs Submissions (post Summary Trial Judgment)

Legal Issues

  1. 1 entitlement to costs
  2. 2 calculation of a lump sum costs award
  3. 3 adequacy of invoice detail as evidence of fees and disbursements

Ratio Decidendi

The court found the defendants entitled to costs, accepted that the submitted invoices with docket descriptions evidenced incurred fees and disbursements, rejected the claim for higher solicitor-client percentages as the plaintiff's conduct was not sufficiently reprehensible, and awarded a lump sum equal to 50% of aggregate fees plus disbursements, resulting in assessed costs of $249,392.22 (all in).

Court Disposition

Costs awarded to Defendants; Plaintiff to pay assessed costs.

Orders

  • The Plaintiff shall pay the Defendants their costs of this action, assessed at $249,392.22, all in.