Defendant awarded lump sum costs of 20% of fees plus reasonable disbursements following successful trial defense.
Following a trial where the Crown successfully defended against the plaintiff's claims for restitution and declaratory relief, the parties could not agree on costs.
The Federal Court rejected the plaintiff's argument for divided success, finding the Crown entirely successful on the primary issues.
The Court ordered lump sum costs, concluding the Tariff would be inadequate, and awarded the Crown 20% of its legal fees ($1,263,623.13) plus most of its disbursements ($371,951.95), totaling $1,635,575.08.
