1048547 Ontario Inc. v. Fromfroid S.A, 2026 FCA 108
Assess.s St-Pierre Babin - 2026-06-01
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In this costs assessment decision, an assessment officer determined the appropriate level of costs following a judgment dismissing an appeal with costs in favour of the respondent. Two issues were addressed: the applicable level of costs within column III of Tariff B, and whether doubled costs were warranted due to a settlement offer. The officer awarded costs at the upper end of column III rather than the default mid-point, citing the respondent's success, the complexity of the proceeding involving five distinct issues, and the legal significance inherent in intellectual property proceedings. The officer confirmed that legal complexity, not factual subject matter, governs this determination. The officer also allowed doubling of assessable costs incurred after January 18, 2024, pursuant to Rule 420, finding the settlement offer satisfied all required conditions: it was written, made at least 14 days before the hearing, remained open until commencement, was clear and unequivocal, contained an element of compromise, and would have resolved the litigation. The appellant ultimately received a less favourable result than the offer proposed.
Decision relates to:
- A-247-23 - 1048547 ONTARIO INC. v. FROMFROID S.A. which is an appeal from 2023 FC 925 in T-127-19