U L Canada Inc. v. Cantrade Entertainment Inc.
T-22-95
Smith T.O.
9/5/95
7 pp.
Taxation of bill of costs pertaining to trade marks infringement and passing-off proceedings; and application for Anton Pillar order restraining defendants from continuing activities relating to marks and directing delivery up of offending wares -- Action not defended -- Court granting default judgment; damages or accounting of profit; and costs on solicitor-and- client scale -- As defaulting defendant not party to proceedings, Court directing costs be assessed within context of judgment without notice pursuant to R. 312 -- R. 312 also applying to assessment as rules for taxation not requiring personal service: costs assessed ex parte -- Reference to: (1) substantial interests in marks and reputable goodwill attached to wares; (2) manufacture by defendants of facsimile of wares; (3) real possibility of serious damage to well-established reputation of mark; (4) odious act of directing product complaints to plaintiff company; (5) surreptitious marketing of false product to large and well-known retailer; (6) misleading information presented by defendants regarding operations-Urgent action and high degree of professionalism required in such proceedings justifying fees of firm's managing partner at $325 per hour, and senior counsel at $275 per hour, in addition to fees for junior counsel set at $145 and $165 per hour -- Taxing officer having authority to assess costs relating to Anton Pillar order: Court directing costs "of execution" be reserved for Trial Judge who in turn awarded them to plaintiff -- Federal Court Rules, C.R.C., c. 663, R. 312.