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PATENTS - Procedure - Costs - Assessment or fixing of costs

Wednesday, March 15, 2017 @ 9:02 AM  

Appeal by Nova Chemicals Corporation (Nova) from a costs award in favour of the Dow Chemical companies (Dow). Dow successfully sued Nova for patent infringement and successfully defended the judgment on appeal. The Federal Court awarded Dow lump-sum costs of $2.9 million for legal fees, plus disbursements of $3.6 million. The Court found that allowable legal fees under Column V of Tariff B would have awarded 11 per cent of Dow's incurred costs, resulting in an inadequate award. The Court characterized the 33 days of discovery...