Lump sum costs of $52,625.97 awarded to successful commercial defendant following summary judgment motion.
Following the dismissal of the plaintiff's action against the defendant Rona Inc. on a motion for summary judgment, Rona sought its costs of the action and motion as a lump sum representing 50% of its incurred costs.
The plaintiff argued for costs in accordance with Tariff B or, alternatively, a lump sum not exceeding 20% of actual fees.
The Federal Court determined that a lump sum costs award was appropriate given the parties are sophisticated commercial entities.
Assessing the factors under Rule 400(3) of the Federal Courts Rules, including that the matter was not complex, the Court awarded costs as a lump sum equivalent to 22.5% of Rona's incurred costs, fixed at $52,625.97.
