Decision

Sandpiper Distributing Inc. v. Ringas, 2020 FC 366

Justice McHaffie - 2020-03-12

Read full decision. Automatically generated summary:

After 13 months of skirmishing in which this matter did not advance beyond the pleadings stage, Sandpiper Distributing Inc discontinued its action. Ordinarily, Rule 402 of the Federal Courts Rules, SOR/98-106, would entitle the Defendants [Ringas] to the costs of the action forthwith on a party-and-party basis, to be either assessed or awarded as a lump sum. However, each party seeks a different order, based on the other side’s conduct. Ringas asks for recovery of 100% of its costs, while Sandpiper seeks its costs of the action notwithstanding the discontinuance. These are my reasons for (1) awarding Ringas costs of the discontinued main action in the inclusive amount of $1,158.64, payable forthwith; (2) assessing the costs previously awarded to Sandpiper of its initial motion to strike in the inclusive amount of $1,108.81; and (3) awarding Sandpiper costs of these motions in the cumulative amount of $3,627.44, payable forthwith. For clarity, the costs award made in January 2019 by Prothonotary Tabib in the amount of $2,500, payable to Sandpiper forthwith, remains unaffected and outstanding.

Decision relates to:

  • T-1203-18 - SANDPIPER DISTRIBUTING INC. v. ZACHARIAS RINGAS et al.

 

Canadian Intellectual Property