Hospira Healthcare Corporation v. Kennedy Institute of Rheamatology, 2018 FC 1067 (Infliximab*)
Justice Phelan - 2018-10-23
Read full decision. Summary prepared by Alan Macek:
These are the reasons in respect of the Defendants’ claim for costs on a lump sum basis at 50% of the fees plus disbursements being $2,555,883.10 and $918,145.54 respectively for a total of $3,481,778.64 including HST. The Plaintiffs (Defendants to the Counterclaim) dispute virtually every aspect of this matter – consistent with their overall approach to this litigation to challenge virtually every point, great or small. Hospira/Celltrion has also brought a motion to strike Kennedy/Janssen’s motion for costs or striking affidavits in support of Kennedy/Janssen’s motion, which will be dealt with in separate reasons dismissing the motion. Kennedy/Janssen offers a number of alternative bases for costs – 30% of fees; the high end of Column V of Tariff B; the high end of Column IV of Tariff B; and lastly that the matter be referred to an assessment officer. ... For these reasons, Kennedy/Janssen’s motion for costs at 50% of fees plus actual disbursements is granted.
Decision relates to:
- T-396-13 - HOSPIRA HEALTHCARE CORPORATION v. THE KENNEDY INSTITUTE OF RHEUMATOLOGY
- A-354-18(2020 FCA 31) - which is an appeal from this decision