Energizer Brands, LLC v. The Gillette Company, 2024 FC 717
Justice Fuhrer - 2024-05-09
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The court considered a dispute between the parties regarding costs following an earlier decision. The Plaintiffs sought a lump sum award of legal fees and disbursements while the Defendants sought 50% of legal fees with a multiplier of 150%. After reviewing the submissions, supporting affidavits, and relevant jurisprudence, the court determined that the Defendants were entitled to a lump sum costs award of $450,000, payable by the Plaintiffs. The court emphasized the need to encourage settlement and considered factors such as divided success and the results on various issues in the case. The court exercised its discretion in awarding costs to achieve fairness and reasonableness, striking a balance between compensating the successful party and avoiding undue burden on the unsuccessful party. The court's decision reflected the aim of encouraging settlement and deterring abusive behavior in litigation.
Decision relates to:
- T-1591-15 - ENERGIZER BRANDS, LLC v. THE GILLETTE COMPANY ET AL