Decision

Johnson v. Canadian Tennis Association Et Al., 2026 FCA 95

Assess.s Turgeon - 2026-05-13

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In three consolidated appeals dismissed on June 26, 2025, the court awarded one set of costs to the respondents at the middle of Column III of Tariff B. On assessment, the assessment officer addressed two preliminary issues: first, that an assessment officer lacks jurisdiction to impose sanctions or award costs to the appellant, as that matter was decided by the court and cannot be relitigated; second, that the appellant's impecuniosity is not a relevant factor once judgment has been rendered awarding costs against that party. Regarding assessable services, the officer found the phrase "one set of costs" applies to all claimed items, not just hearing and assessment costs. Claims under Items 22(a) and 26 were allowed in full. Claims under Items 18 and 19 were partially allowed, reflecting the one-set-of-costs restriction. The claim under Item 21(a) was disallowed entirely.

Decision relates to:

 

Canadian Intellectual Property