Limits on Double Costs
McKay v. Weatherford Canada Ltd. et al, 2009 FCA 343 (Stinson, Assessment Officer.)

November 23, 2009

No one appeared for the Appellant
Dennis R. Schmidt for the Respondents

The Court dismissed an appeal from a Federal Court decision rejecting allegations of patent infringement. The Respondents had made a settlement offer and claimed a doubling of their costs pursuant to Rule 420(2)(b) of the Federal Courts Rules. 

Mr. Stinson refused to double the claims for GST because that item was a disbursement paid to a third party and the Respondent was not entitled to profit from an award of costs.  In addition, items 25 (services after judgment) and 26 (assessment of costs) were not doubled because the doubling of counsel fees stops on the date of judgment.

By:  Greg Moore, Goudreau Gage Dubuc LLP