2 total
Successful defendant in patent action denied lump sum costs; expert fees capped due to duplication.
This decision assesses the costs and disbursements payable to the successful defendant, MEG Energy Corp., following the dismissal of a patent infringement claim.
The defendant sought a lump sum award of nearly $2 million, representing 40% of its actual fees.
The Court declined to order a lump sum, noting the plaintiffs were impecunious inventors and the defendant had needlessly complicated the litigation.
Costs were instead fixed at the high end of Column V of Tariff B. The Court further capped the defendant's recoverable expert fees due to duplication in their evidence.
Homemaker services reinstated for chronic pain; weekly benefits denied as applicant not completely disabled.
The applicant was injured in a motor vehicle accident and received statutory accident benefits, which the insurer terminated after three years.
She applied for arbitration seeking reinstatement of weekly benefits and homemaker services.
The arbitrator found that while the applicant suffered from a significant mobility impairment and chronic pain that justified the reinstatement of 12 hours per week of homemaker services, her disability was not so pervasive as to continuously prevent her from engaging in substantially all of her usual activities.
Therefore, the claim for ongoing weekly benefits was dismissed.
The applicant was awarded her expenses for the arbitration.
