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FEDERAL COURT
B ETWEEN:
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Plaintiff by Counterclaim
'.vOTICE OF MOTION
TAB NOTICE TAAT the plaintiff will make a motion to the court, in writing pursuant
to Rule 369 of the Federal Cout-ts Rules, for directions concerning the quantification ofthe award
of costs made in the plaintiffs favour in the Judgment dated July 12, 2017.
1. An order, pursuant to Rules 3 and 400(4), awarding the plaintiff a lump sum of
accordance with the award of costs made in its favour in the Judgment issued July
12, 2017;
Rules 400(5) and 403, directing the Assessment Officer to assess the plaintiffs
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costs in accordance with the directions set out in Schedule "A" to this Notice of
Motion;
A. Introduction
1. The plaintiff was awarded its costs of the action in the Judgment issued July 12,
2017.
2. During the proceedings, from the commencement of the action in Apri12013 until
the conclusion of trial in June 2016, the plaintiff was represented by three salaried
3. One of the principal reasons for hiring these lawyers was the commencement and
employ its Litigation counsel. The total of these disbursements, inclusive of HST,
Costs attached to the affdavit of Roanie Levy fled in support of this motion.
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6. The practice of awarding lump sum costs as a percentage of actual costs reasonably
7. Increased costs in the form of lump sum awards tend to range between 25% and
50% of actual fees. The amount requested by the plaintiff is 50% of the amount set
8. A lump sum award of costs in this action would further the objective of the Rules
of securing the just, most expeditious and least expensive determination of this
issue.
9. A consideration of the relevant factors in awarding costs set out in Rule 400(3)
supports the amount ofthe lump sum award of costs requested by the plaintiff.
10. A costs award generated even at the high end of Column V of Tariff B would bear
1 1. In the event the trial judge declines to award lump sum costs, the plaintiff requests
that the court make the directions to the Assessment Officer as set out in Schedule
12. The directions requested are reasonable in'the circumstances of this case.
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3. Such further and other evidence and submissions that the plaintiff may file in reply to the
Arthur B. Renaud
Barrister &Solicitor
40 Rivercrest Road
Toronto, ON M6S 4H3
~647)984-1049
a.b.renaud~mail.coni
Access Copyright
320-56 Wellesley St. W.
Toronto, ON MSS 2S3
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