Sea Tow Services International, Inc. v. C-Tow Marine Assistance Ltd., 2025 FC 335
Justice Southcott - 2025-02-20
Read full decision. Automatically generated summary:
This decision determines costs related to the two above-referenced and related proceedings (one a motion for summary judgment in an action and the other an application), in which the Court has adjudicated various disputes between the parties arising from their use of similar trademarks [see 2025 FC 27]. C-Tow Marine Assistance Ltd. [C-Tow] has prevailed in both proceedings and will be awarded costs on a lump sum basis in each proceeding, calculated as explained in these Reasons. ... Given this alignment between the parties as to quantification, and the authorities advanced by both parties supporting the quantification of lump-sum costs awards as a percentage of fee recovery in the range of 25% to 50%, I am prepared to adopt the 40% figure and award costs of the Motion and the Application in approximately that amount.
Decision relates to:
- T-877-22 - SEA TOW SERVICES INTERNATIONAL, INC. v. C-TOW MARINE ASSISTANCE LTD.
- T-901-22 - C-TOW MARINE ASSISTANCE LTD. v. SEA TOW SERVICES INTERNATIONAL, INC.