Ryan Steeves

The moving party brought a motion for leave to appeal a prior decision.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding parties in the total amount of $8,522.

The plaintiff in a patent infringement action brought a motion to compel the defendants to produce additional financial information and records relating to the use of the allegedly infringing mine doors, and to make officers available for cross-examination.

The court dismissed the motion, finding that the statement of claim did not plead an accounting of profits against the co-defendant purchaser, and that the request against the manufacturer defendant was premature as the plaintiff had not yet conducted examinations for discovery to identify specific missing documents.

Following an appeal decision where the appellant was substantially successful, an issue arose regarding the costs of the underlying motion before the Associate Judge.

The appellant sought $18,000 for the motion costs, arguing the issue was inadvertently omitted from the appeal decision.

The respondents argued the parties' agreement on appeal costs encompassed the motion costs.

The court found the agreement did not cover the motion costs and, applying Rule 59.06(1), amended the order to award the appellant $18,000 for the costs of the motion below.