Yesterday, the Federal Court released a decision in Harmony Consulting Ltd. v. G.A. Foss Transport Ltd., 2011 FC 540 (T-1269-05) relating to the award of costs after an unsuccessful copyright infringement action (2011 FC 340). After identifying that the defendant was completely successful, the plaintiff had not accepted a settlement offer prior to trial and findings of misconduct against the plaintiff, the Court ordered costs against the plaintiff as a percentage of solicitor and client costs.

The decision began with:

By Reasons for Judgment and Judgment issued on March 18, 2011, the action undertaken by Harmony Consulting Ltd. (the “Plaintiff”) against G.A. Foss Transport Ltd., Gordon A. Foss, and Joe Cristello (the “Defendants”) for copyright infringement, including damages, an accounting of profits, punitive damages and solicitor-client costs, was dismissed with costs to the Defendants.

and concluded with:

The Defendants are entitled to recovery of costs on a substantial indemnity basis, that is at 75 percent of the total of $222,819.98 for fees including GST/HST, together with 100 percent of their disbursements in the amount of $24,226.28 plus $106.00 as attendance money relative to the attendance of Ms. Warth, all with post-judgment interest.