Plaintiffs awarded lump sum costs of $232,861.15 reflecting defendant's improper litigation conduct.
Following a successful action concerning an industrial design dispute, the plaintiffs sought their costs as a lump sum amount representing 30% of their legal fees and 100% of their disbursements.
The defendant disputed the requested fee quantum.
Taking into account the defendant's conduct, which unnecessarily increased the length and expense of the proceedings, the Court exercised its discretion to award the plaintiffs a lump sum amount representing 25% of their legal fees.
The Court also assessed the plaintiffs' disbursements, allowing the expert witness fees but disallowing certain internal overhead expenses.
The defendant was ordered to pay the plaintiffs a total lump sum of $232,861.15, inclusive of reasonable fees, disbursements, and applicable interest.
