Ocean Rodeo Sports Inc. v Oyen, 2019 BCSC 1393


Read full decision. Summary prepared by Alan Macek:

[O]n June 16, 2017, just prior to the commencement of the trial, the parties agreed to settle the litigation for $1,500,000 CAD, plus taxable costs and disbursements in favour of Ocean Rodeo. (see 2017 BCSC 876 for background) ... This is an appeal by the defendants from a costs assessment made by a Registrar. The defendants/appellants ask that the “sizeable” disbursement for one set of expert reports be denied entirely, and that the disbursement for another set of expert reports be reduced by almost half, to $70,000. ... I accept the appellants’ submission that [the patent law expert] did provide counsel work in the guise of an expert report, and combined with [another expert's] evidence before the Registrar, I am persuaded it is appropriate to accede to the appellants’ submission and reduce the [patent law expert's] costs to $70,000, rather than remitting the matter to the Registrar for reconsideration.


Canadian Intellectual Property