Costs at Middle of Column IV of the Tariff
Janssen-Ortho Inc. and Alza Corp. v. Novopharm and Minister of Health, 2010 FC 194 (Zinn, J.)

February 23, 2010

Neil R. Belmore, Lindsay Neidrauer, Greg Beach and Marian Wolanski for the Applicants, Janssen-Ortho Inc. and Alza Corp.
Jonathan Stainsby, Andrew Skodyn and Julian Worsley for the Respondent, Novopharm

Justice Zinn delivered an order as to costs after the parties were unable to reach agreement following the award of costs to Novopharm in the Reasons for Judgment and Judgment.

Justice Zinn ordered costs assessed at the middle of Column IV for two counsel at the hearing and on cross-examinations where present. Costs for interlocutory motions were only ordered where previously awarded and where silent as to the amount were assessed at the middle of Column IV for one counsel.

Expert fees were also awarded, but where one expert offered a discount if paid within 30 days, Novopharm was only entitled to the discounted rate whether the fees were paid within 30 days or not.

By: Etienne de Villiers, Dimock Stratton LLP