Seismotech IP Holdings Inc. c. Ecobee Technologies ULC, 2025 FCA 196
Assess.s Turgeon - 2025-11-04
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In a recent ruling, an appeal was dismissed with costs awarded to the respondents, following a comprehensive assessment of costs under the Federal Courts Rules. The court examined relevant factors such as the merits of the appeal, where it noted that several arguments put forth by the appellants lacked legal foundation. The respondents' claims included costs related to legal services and disbursements, while also contending for HST claims. The assessment officer determined that no taxes would be allowed on assessable services due to the absence of supporting evidence. However, some disbursements were substantiated, prompting adjustments based on the applicable provincial tax rates. Certain claims for assessable services, including preparation of the Appeal Book and associated legal documents, were partially or fully approved, albeit with acknowledgments of shared representation by the respondents. The judgment underscores the nuances in cost assessments and the importance of substantiating claims within the context of applicable rules.
Decision relates to:
- A-352-23 - SEISMOTECH IP HOLDINGS INC. et al. v. ECOBEE TECHNOLOGIES ULC et al. which is an appeal from 2023 FC 1649 in T-1147-23