Drainvac International 2006 Inc. v. Vacuum Specialists (1985) Ltd., 2024 FC 280

Associate Justice Coughlan - 2024-02-21

Read full decision. Automatically generated summary:

The Defendant brings a motion for costs arising from the striking of the Plaintiff’s action. ... the Defendant seeks a total costs award of $86,546.60. ... quantum represents an elevated costs award on the basis that the case was complex and the conduct of Plaintiff’s counsel increased costs unnecessarily. Further, the Defendant seeks a significant proportion of the costs as against counsel personally pursuant to Rule 404 of the Federal Courts Rules. ... In my view, Counsel’s conduct, while admittedly detrimental and unbecoming, does not begin to meet the high threshold required for a Rule 404 award against him. Accordingly, I decline to make such an award. ... Further, the Defendant does not address the absence of proper evidentiary support for the costs claimed, but argues that an award of a lump sum amount would follow “the trend amongst intellectual property cases.” While that might be true, lump sum awards in those intellectual property cases involve a detailed Bill of Costs, evidence, and descriptions of the services provided. Nothing of the sort has been provided to this Court. ... Further, I cannot ignore the fact that the Court’s action in dismissing the action, proprio motu, resulted in something of a windfall for the Defendant. ... In these circumstances, I am persuaded that the Defendant is entitled to costs at the high point of Column IV of Tariff B.

Decision relates to:

  • T-862-21 - Drainvac International 2006 Inc. operating as Drainvac Central Vacuums v. Va


Canadian Intellectual Property