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The Federal Court awarded Crocs lump sum costs of $232,861.15, finding Tariff B inadequate and reducing certain overhead disbursements.
The Federal Court awarded the plaintiff $273,518.68 in expropriation costs, limiting recovery to reasonable pre-litigation expenses and costs incurred before the Crown’s January 28, 2021 settlement offer.
The registrar partly allowed the defendants’ bill of costs, upholding e-discovery, third-party production, and real-time reporting costs while reducing some expert fees.
Costs assessment following a long-running commercial dispute. The Registrar allowed most but not all tariff items and disbursements, and declined jurisdiction over post-judgment interest termination.
The Federal Court assessed costs in favor of MEG Energy Corp. under the high end of Column V of Tariff B and capped expert fees at $250,000.
The court exercised its discretion to award lump sum costs as the appropriate method to achieve substantial but partial indemnity given the difficulty quantifying 'amount involved'; it found the applicants' financial hardship relevant but insufficient to avoid responsibility for choices leading to litigation; it reduced an unreasonable expert fee claim and fixed lump sum awards: Football Nova Scotia $5,000 costs plus $864.10 disbursements (total $5,864.10) and Football Canada $25,000 costs plus $7,656.37 disbursements (total $32,656.37), payable by July 31, 2020.
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Supplementary judgment on costs and interest after a cargo-loss dispute, awarding lump sum costs, disbursements, and 5% pre- and post-judgment interest.
The court apportioned costs based on the relative success and the proportion of court time consumed by each companion application, concluding that the Krane matters consumed approximately three quarters of hearing time and that equitable relief was served by offsetting mutual awards; consequently the respondents were awarded $15,000 from the Pitchers in Bwt No. 482989 and the respondents were ordered to pay $15,000 to the Krane applicants in the companion file, together with an order to remove remaining personal property and remediate the privy by a specified date.
Source excerpt
Assessment of party-and-party costs after settlement. The registrar awarded 76 tariff units, allowed most disbursements, and reduced some photocopying and expert fees.
Appeal from a costs assessment in a solicitor-negligence patent case. The court reduced one expert disbursement for mixed counsel work but upheld the other.
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