Tough Traveller Inc. v. Taymor Industries Ltd.
T-2227-94
Hargrave P.
12/12/94
6 pp.
Claim for relief arising from alleged infringement through marketing of back-pack child carrier-Issue amount of security pursuant to R. 446-Entitlement to security not issue as defendant American company-Substantial travel expenses due to witnesses from Orient, trial in Toronto and some examination for discovery in Vancouver-In setting amount mindful of: (1) optimistic approach in draft bill of cost; (2) possibility of reductions made on taxation; (3) possibility of case not fought to a finish; (4) costs must not be oppressive to legitimate law suit; (5) further application possible if security inadequate-In case at bar, possibility of resolution following examination for discovery-Security for costs set at $22,500-Federal Court Rules, C.R.C., c. 663, R. 446 (as am. by SOR/90-846, s. 14).