Judgment Released: December 4, 2012 Link to Judgment
In dealing with costs in this Simplified Procedure matter, and following a finding in favour of the Plaintiff for the tort of passing off with a damages award of $10,000, the Plaintiff sought costs in the amount of $40,452.22. The Court held the Plaintiff was entitled to its costs, because it was ultimately successful in the action. However, the Court held that the costs requested made no allowance for the fact that the action was a Simplified Procedure matter and the amount claimed for costs was disproportionate and excessive, relative to the damages ultimately awarded. The Court awarded $15,000 in costs to the Plaintiff, noting that that is an amount that the unsuccessful party could reasonably have expected to pay in this proceeding.
