PRACTICE |
Costs |
Louis Vuitton Malletier, S.A. v. Bags O'Fun Inc.
T-2569-96
2002 FCT 78, Pelletier J.
24/1/02
11 pp.
Application for default judgment in which plaintiffs claimed permanent injunction, damages in amount of $3,000, legal fees, disbursements of $22,828.70 of which $12,531.87 private investigator's fees--Usual practice in Anton Piller matters not including order for recovery of private investigator's fees as disbursements--Whether investigator's fees simply part of plaintiffs' cost of doing business or should they be recoverable from defendants as disbursements-- Plaintiffs arguing defendants' conduct such as to justify award of costs on basis other than party-and-party costs--Defendants continued to deal in counterfeit goods after injunction issued restraining them from doing so--Recoverability of investigations fees ought not to depend upon finding of outrageous conduct--Holders of intellectual property rights bound to take steps to oppose infringement of property rights, failing which latter may be lost--Enforcement activity necessary part of intellectual property rights holder's business --To extent private investigators part of such necessary enforcement activity, fees expenses which would be incurred in any event, therefore not recoverable--Costs to be assessed on basis of column 2, at point in range to be determined by assessment officer--No costs to be allowed for overlapping, repetitious activities as between Montréal, Vancouver solicitors--Only activities related to obtaining, executing Anton Piller order, bringing matter to default judgment recoverable--Defendants shall pay to plaintiffs sum of $3,000 as damages--Permanent injunction allowed.