Marcia Green

The applicant, Marguerite Landry, was substantially successful on a motion for interim costs and sought costs for the motion.

As a self-represented litigant, she claimed fees for time spent and disbursements.

The court found that she did not meet the requirements for a self-represented litigant to receive costs for time and effort, as she did not demonstrate an opportunity cost or that she performed work ordinarily done by a lawyer.

The court limited her recovery to reasonable disbursements, fixing costs at $500.

Following earlier interlocutory proceedings involving an injunction and Anton Piller order in a dispute concerning confidential engineering information and alleged misuse of intellectual property, the court determined the appropriate costs awards.

The responding party sought costs for obtaining the ex parte injunction and Anton Piller order and for successfully resisting a motion to set them aside.

Applying the factors in Rule 57 of the Rules of Civil Procedure, including success, complexity, proportionality, and reasonable expectations of the losing party, the court found the hourly rates and claimed time generally reasonable.

Although the moving parties achieved limited success in varying certain terms of the Anton Piller order, the injunction and order were maintained.

The court awarded partial indemnity costs to the responding party for the initial ex parte motion and the motion to set aside, with costs of a later motion left in the cause.

Former employees and a competing corporation moved to set aside or vary an interim injunction and Anton Piller order obtained ex parte by their former employer.

The employer alleged the employees copied large volumes of confidential engineering files relating to proprietary sonar technology before leaving to establish a competing business.

The court found strong prima facie evidence of copying confidential files in breach of confidentiality agreements, a risk of serious commercial harm, and a real possibility that electronic evidence could be destroyed.

The balance of convenience favoured maintaining the injunction and preservation measures.

The injunction remained in effect and the Anton Piller order was varied largely on consent while preserving seized materials under the supervision of an independent supervising solicitor.