Decision

AGI Suretrack, LLC v. Farmers Edge Inc., 2025 FCA 214

Justice Goyette; Justice Rennie; Justice Laskin - 2025-12-02

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In this case, the Federal Court examined the appropriateness of an elevated costs award following an unsuccessful appeal. The successful party sought approximately 90% of its actual legal fees, arguing that the appeal lacked merit, involved complex issues, and included pre-appeal settlement offers. However, the Court held that while elevated costs might sometimes be justified, they should not automatically apply to every appeal or trial. The Court emphasised that the burden is on the successful party to demonstrate why an increased award is warranted, which was not sufficiently established in this instance. Instead, the Court awarded costs of $25,000, a modest increase over what the Tariff typically allows. The decision highlights that costs awards in intellectual property appeals should not directly mirror those in trials, given the differing complexities and procedural constraints unique to appellate proceedings.

Decision relates to:

 

Canadian Intellectual Property