Nike Canada Ltd. v. Doe
T-2027-97
Gibson J.
22/6/99
8 pp.
Costs order relating to execution of Anton Piller orders-Court having full discretionary power over amount, allocation of costs, determination of by whom to be paid-In award of costs, neither ability to pay nor difficulty of collection should be deciding factor-Some, all of defendants against whom costs sought herein may lack ability to pay-For others, enforcing costs award against them may well be difficult if not impossible-Not factors Court should consider-Costs awards should not be such as to benefit plaintiffs from "economies of scale"-Number of plaintiffs who agree to utilize single observation, search team, single counsel on resulting appearance before Court should not thereby reap disproportionate reward in costs-Costs awards sought on behalf of plaintiffs excessive-Costs awards on applications for orders reviewing execution of Anton Piller orders, adding defendants and granting interlocutory injunctions should not exceed amount in range of $500 per order granted, should not exceed, in aggregate, amount of $5,000, no matter how many plaintiffs represented, how many defendants served-Where maximum of $5,000 per appearance sought, should be shared equally among all orders granted on particular appearance before Court.