Decision

Alliance Laundry Systems LLC v. Whirlpool Canada LP, 2020 FC 660

2020-06-02

Read full decision. Automatically generated summary:

By Judgement and Reasons dated May 22, 2019 and reported at 2019 FC 724, the Court granted in part Whirlpool Canada LP’s [Whirlpool CA] application against Alliance Laundry Systems LLC [Alliance], and dismissed Alliance’s application against Whirlpool CA and its parent company Whirlpool Corporation [together, Whirlpool]. ... Alliance filed a Notice of Discontinuance of its appeal on November 19, 2019. Thirty (30) days later, Whirlpool filed the present motion for directions to obtain an elevated costs award in the lump sum of $144,818.68. Alliance opposes Whirlpool’s motion on the grounds that is was filed late, that this file does not warrant an award of costs as a lump sum, and, should the Court find that it does, awarding fifty percent of legal fees and disbursements incurred is excessive in the circumstances. For the reasons set out below, I am of the view that Whirlpool has failed to justify the seven-month delay in bringing its motion and that it should be dismissed.

Decision relates to:

  • T-1230-17 - ALLIANCE LAUNDRY SYSTEMS LLC v. WHIRLPOOL CANADA LP ET AL
  • T-920-17 - WHIRLPOOL CANADA LP v. ALLIANCE LAUNDRY SYSTEMS LLC

 

Canadian Intellectual Property