Nova Chemicals Corporation v. Dow Chemical Company, 2017 FCA 25
| Jurisdiction | Federal Jurisdiction (Canada) |
| Subject Matter | PRACTICE |
| Citation | 2017 FCA 25 |
| Court | Court of Appeal (Canada) |
| Date | 06 February 2017 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
72 practice notes
-
Morton c. Canada (Pêches et Océans),
...Callaghan v. Canada (Chief Electoral Ocer), 2011 FCA 74, [2011] 2 F.C.R. 80; Nova Chemicals Corporation v. Dow Chemical Company, 2017 FCA 25.AUTHOR CITEDBrown, Donald and John Evans, Judicial Review of Administrative Action in Canada, looseleaf revision 2017-4, Toronto: Thomson Reut......
-
Johnston v. Okanagan First Nation, 2022 FC 1237
...a range of 25-50% of the actual legal costs of the successful party (Whalen at para 33; Nova Chemicals Corporation v Dow Chemical Company, 2017 FCA 25 at para 17; Garner v Union Bar First Nation, 2021 FC 657, at para 53). [191] In my view, a similar approach is appropriate in this matter an......
-
Beeswax v. Chipppewas of the Thames First Nation, 2023 FC 767
...a range of 25%- 50% of the actual legal costs of the successful party (Whalen II at para 33 citing Nova Chemicals v Dow Chemical Co, 2017 FCA 25 at para 17). [139] As to the Applicant’s conduct, it must first be noted that nothing in her conduct of this litigation could possibly warr......
-
Alberta v. Canadian Copyright Licensing Agency, 2024 FC 292
...costs to demonstrate why its particular circumstances warrant an increased award [see Nova Chemicals Corporation v Dow Chemical Company, 2017 FCA 25 at para 13 [Nova]]. As noted by the Federal Court of Appeal in Nova, there is a trend in recent intellectual property decisions of favouring l......
Request a trial to view additional results
66 cases
-
Morton c. Canada (Pêches et Océans),
...Callaghan v. Canada (Chief Electoral Ocer), 2011 FCA 74, [2011] 2 F.C.R. 80; Nova Chemicals Corporation v. Dow Chemical Company, 2017 FCA 25.AUTHOR CITEDBrown, Donald and John Evans, Judicial Review of Administrative Action in Canada, looseleaf revision 2017-4, Toronto: Thomson Reut......
-
Johnston v. Okanagan First Nation, 2022 FC 1237
...a range of 25-50% of the actual legal costs of the successful party (Whalen at para 33; Nova Chemicals Corporation v Dow Chemical Company, 2017 FCA 25 at para 17; Garner v Union Bar First Nation, 2021 FC 657, at para 53). [191] In my view, a similar approach is appropriate in this matter an......
-
Beeswax v. Chipppewas of the Thames First Nation, 2023 FC 767
...a range of 25%- 50% of the actual legal costs of the successful party (Whalen II at para 33 citing Nova Chemicals v Dow Chemical Co, 2017 FCA 25 at para 17). [139] As to the Applicant’s conduct, it must first be noted that nothing in her conduct of this litigation could possibly warr......
-
Alberta v. Canadian Copyright Licensing Agency, 2024 FC 292
...costs to demonstrate why its particular circumstances warrant an increased award [see Nova Chemicals Corporation v Dow Chemical Company, 2017 FCA 25 at para 13 [Nova]]. As noted by the Federal Court of Appeal in Nova, there is a trend in recent intellectual property decisions of favouring l......
Request a trial to view additional results
6 firm's commentaries
-
Federal Court Of Appeal Allows $6.5 Million Lump Sum Cost Consequence
...a recent appeal (2017 FCA 25) relating to the issue of costs following a patent infringement trial, the Federal Court of Appeal commented that lump sum awards have found increasing favour with courts, and for good reason as they save the parties time and money. Lump sum costs awards further......
-
Decision Of Minister Of Health Rejecting ANDS Upheld (Intellectual Property Weekly Abstracts - Week Of February 20, 2017)
...for Plaintiffs' Costs Following Successful Infringement Action Upheld on Appeal Nova Chemicals Corporation v. Dow Chemical Company, 2017 FCA 25 The Court of Appeal dismissed Nova's appeal from the Federal Court's decision awarding the Respondents $6.5 million for costs consequent to their s......
-
Canadian courts show trend of awarding higher costs in IP litigation
...LLC v Pfizer Canada ULC, 2020 FC 505 at para 3 (Grammond J). 2. Dow Chemical Co v Nova Chemicals Corp, 2016 FC 91 (O’Keefe J), aff’d 2017 FCA 25 (Dawson JA, Rennie JA and Woods Daniel DaviesMatthew Burt ...
-
Canadian Courts Show Trend Of Awarding Higher Costs In IP Litigation
...LLC v Pfizer Canada ULC, 2020 FC 505 at para 3 (Grammond J). 2 Dow Chemical Co v Nova Chemicals Corp, 2016 FC 91 (O'Keefe J), aff'd 2017 FCA 25 (Dawson JA, Rennie JA and Woods The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is i......
Request a trial to view additional results