Daniel Lanfranconi

MBM Intellectual Property Law LLP, the successful party in an appeal, sought substantial indemnity costs of over $76,000 or partial indemnity costs of over $51,000 from Kevin Drizen.

The Court of Appeal for Ontario denied substantial indemnity costs, finding MBM's justification focused on lower court conduct and the amount sought was disproportionate to the $50,000 at issue in the underlying dispute and the non-complex appeal issue.

The court fixed costs at $7,500, inclusive of HST and disbursements, payable by Mr. Drizen to MBM.

The appellant, Kevin Drizen, appealed an order confirming he was the party to a retainer agreement with MBM Intellectual Property Law LLP.

Drizen argued the agreement was with his company, GlycoBiosciences Inc., not him.

The Court of Appeal found no error in the application judge's decision, upholding that the plain wording of the agreement, addressed to and signed by Drizen, made him responsible for legal fees, despite the work potentially benefiting his company.

The court also declined to address a bias claim against the assessment officer, stating it was not properly before the court.

The appeal was dismissed.