ARTICLE · 15 MARCH 2017

Trial Judge Knows Best: Supra-Tariff Costs Award Upheld

Aitken Klee LLP

In Nova Chemicals v. The Dow Chemical Company et al., the Federal Court of Appeal dismissed Nova's appeal of the order requiring it to pay $6.5 million in costs to Dow.

CanadaIntellectual Property

Aleem Abdulla

In Nova Chemicals v. The Dow Chemical Company et al., the Federal Court of Appeal dismissed Nova's appeal of the order requiring it to pay $6.5 million in costs to Dow.

Nova and Dow both manufacture polyethylene products. Dow successfully brought an action against Nova in relation to Dow's Canadian Patent No. 2,160,705 and Nova's SURPASS food packaging product (see our previous posts here and here). Justice O'Keefe issued a lump sum costs award of $6.5 million, including $2.9 million for legal fees and $3.6 million for disbursements (see our previous post here). Nova appealed the costs decision.

On appeal, Nova took issue with the fact the Justice O'Keefe awarded an amount for legal fees in excess of the amount provided for in the Tariff. Writing for the Federal Court of Appeal, Justice Rennie held:

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Trial Judge Knows Best: Supra-Tariff Costs Award Upheld

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