Valley Blades Ltd v. Usinage Pro-24 Inc (Nordik Blades), 2024 FC 1657
Justice St-Louis - 2024-10-25
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In a Federal Court case, the judge determined the costs and disbursements payable following a prior judgment. The plaintiff requested a lump sum award of costs representing 37.5% of its legal fees, while the defendant argued for a lower amount based on the Tariff. The judge found that elevated costs were justified, awarded a lump sum of 25% of the plaintiff's legal fees, and confirmed the disbursements incurred were reasonable. The court emphasized the discretion in awarding costs, considering factors like the complexity of the case and parties' conduct. The judge highlighted the flexibility in departing from the Tariff and awarding lump sums, aiming to provide efficient and fair compensation to the successful party. The decision sought to strike a balance between compensating parties, incentivizing settlement, and discouraging abusive litigation conduct.
Decision relates to:
- T-1790-17 - VALLEY BLADES LTD. v. USINAGE PRO-24 INC. c/o/b as NORDIK BLADES
- T-416-19 - USINAGE PRO-24 INC. v. VALLEY BLADES LTD.