Betser-Zilevitch v. Petrochina Canada Ltd, 2021 FC 151

Justice Manson - 2021-02-15

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This decision deals with the quantum of costs that were awarded to the Defendant in this Court’s Judgment and Reasons in Maoz Betser-Zilevitch v Petrochina Canada Ltd, 2021 FC 85, dated January 26, 2021. ... The Defendant, however, has not met its burden of demonstrating it is entitled to lump sum costs. Success at trial does not entitle a party to a lump sum costs award, which must be justified by the circumstances ... I am not persuaded by the Defendant’s argument, that the nature of this case justified the parties in expending a “significant amount of legal fees”, to which indemnification pursuant to the Tariff is inappropriate. ... For the above reasons, I find that costs should be awarded to the Defendant pursuant to the middle range of Column III of Tariff B.

Decision relates to:


Canadian Intellectual Property