Patterned Concrete Mississauga Inc. v. Bomanite Toronto Ltd., 2021 FC 792

Justice Pallotta - 2021-07-27

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Following my judgment and reasons reported at Patterned Concrete Mississauga Inc v Bomanite Toronto Ltd, 2021 FC 314, granting Patterned Concrete Mississauga Inc.’s (Patterned Concrete) motion for summary judgment and deciding the issues in this copyright infringement action, the parties provided written submissions on costs and on pre-judgment and post-judgment interest. These are my reasons and order on costs and interest related to the motion and the action. ... Based on the foregoing, I find that a lump sum fee award should be lower than the “trend” of 25%-50% referred to in the case law, to reflect a level of uncertainty regarding the reasonableness of the legal fees that Patterned Concrete actually incurred. Party?and-party fees calculated under column V of the Tariff, equate to about 15% of Patterned Concrete’s legal fees actually incurred, and I have kept that amount in mind arriving at a lump sum cost award that I believe to be reasonable. In my view, a lump sum fee award of $45,000 inclusive of HST, which would represent less than 20% of total fees incurred by Patterned Concrete, is an appropriate fee award in the circumstances of this case.

Decision relates to:



Canadian Intellectual Property