Maier v. Bulger, 2025 FC 189
Justice Furlanetto; Justice Furlanetto - 2025-02-03
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In this decision, the Court addressed the allocation of costs following a previous judgment that found copyright infringement by a photography gallery, issuing an injunction and awarding statutory damages. The plaintiff contended that it was the successful party entitled to costs, requesting a significant sum that represented a portion of its legal fees and disbursements. Conversely, the defendants argued for costs in their favour, asserting greater overall success and referencing a settlement offer that they claimed triggered specific rules governing costs recovery. Ultimately, the Court determined that the plaintiff was indeed the overall successful party but awarded a reduced amount for costs, establishing the final figure at $102,445.10. The decision highlighted the Court's discretionary power in deciding on costs, considering various factors such as the results of the proceedings, the conduct of the parties, and the complexity of the issues involved.
Decision relates to:
- T-953-17 - THE ESTATE OF VIVIAN MAIER v STEPHEN M.BULGER ET AL