Dow Chemical Company v. Nova Chemicals Corporation, 2016 FC 91

Justice O'Keefe - 2016-01-22

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When the decision was released in this matter, the plaintiffs, The Dow Chemical Company, Dow Global Technologies Inc. and Dow Chemical Canada ULC were awarded their costs of the proceeding (see 2014 FC 844) ... I am of the view that costs in the amount of $1,099,725 pursuant to Column V of Tariff B, would be totally inadequate as an amount of costs for the plaintiffs in this case. To only recoup 11% of your costs in such a complex case is not acceptable. ... As noted earlier, the plaintiffs seek a lump sum of $2.9 million for their costs for legal fees. This is approximately 30% of the actual legal fees. Because of the complexity and the many issues raised in this case, I find this to be a reasonable amount. ... In conclusion, I will grant an order granting the plaintiffs a lump sum payment of $6.5 million for their costs in this matter. The amount consists of $2.9 million for legal fees and $3.6 million for the plaintiffs’ reasonable and necessary disbursements.

Decision relates to:


Canadian Intellectual Property