Kastner v. Painblanc
T-1037-93
Richard J.
3/2/95
9 pp.
Application for directions for taxing officer in awarding costs in action for patent infringement -- Defendant, majority shareholder and general manager of defendant company, personally held responsible for infringement although no fact or evidence in support of allegation presented -- Application to dismiss case against defendant dismissed at trial but allowed by Federal Court of Appeal -- Court of Appeal also awarded defendant costs, noting action against defendant inappropriate, useless and wrongful -- Defendant sought directions taxing officer should not be limited by amounts contained in Tariff B of Federal Court Rules, but make calculations on solicitor-client basis -- Plaintiffs argued Court lacked jurisdiction to allow application since by dismissing action with costs, Court of Appeal did not exercise discretion to set costs at level higher than Tariff B -- R. 344 giving Court wide latitude to award costs to parties to proceedings -- In case at bar no impediment to Court exercising discretion conferred on it by R. 344 -- When application for special directions concerns costs incurred in Trial Division, practice should be to make application in same Division-Directions issued to set costs on solicitor- client basis discounted at 50% -- Federal Court Rules, C.R.C., c. 663, R. 344 (as am. by SOR/87-221, s. 2).