Eli Lilly and Co. v. Novopharm Ltd.
T-2248-93
McGillis J.
18/9/98
4 pp.
Motion asking Court to make lump sum award of costs in lieu of assessed costs-In restoring judgment of Trial Division herein, Supreme Court of Canada ordered Novopharm Inc. entitled to costs throughout-Federal Court Rules, 1998 applicable in entirety-Decision MacMillan Bloedel (Saskatchewan) Ltd. v. Consolboard Inc. (1981), 58 C.P.R. (2d) 100 (F.C.A.) not precluding Court from exercising broad, discretionary powers over amount, allocation of costs provided for in Federal Court Rules, 1998-Court considering factors outlined in new r. 400(3) concerning result of proceeding, importance of issues, amount of work involved-Directing assessment officer to award Novopharm lump sum of $42,000 in lieu of assessed costs-Motion granted-Federal Court Rules, 1998, SOR/98-106, r. 400(3).