Background

• Previous Decision: Plaintiff's action dismissed with costs awarded to Defendants.

Cost Disputes

• Defendants' Position:

  • Seek substantial costs due to complexity and high stakes (nearly $1 billion CAD claimed).
  • Request 50% of actual legal fees ($7,766,237) plus 100% of recoverable disbursements ($1,707,054), totaling $5,928,398.
  • Alternatively, $4,339,722 based on Column 5 of Schedule C with adjustments.

• Plaintiff's Position:

  • Argues for costs based on Column 5 of Schedule C with a multiplier of 3.
  • Contends Defendants' invoices are insufficient for review.
  • Proposes a total cost award of $1,707,054.

Court's Analysis and Decision

• Legal Fees:
  • Costs will be assessed by a Review Officer.
  • Legal fees set at 45% of reasonable and proper fees as determined.
• Expert Fees:
  • Dr. Atherton’s fees recoverable at 75%.
  • Mr. Adams’ fees fully recoverable.
• Pre-Trial Applications:
  • Costs for unsuccessful applications excluded.
• Post-Trial Anti-Suit Injunction Application:
  • Costs post-March 9, 2023, excluded.
  • Plaintiff not entitled to costs for this application.
• The exact amount awarded to the defendants was not specified.