Decision

Steelhead LNG Ltd. v. ARC Resources Ltd., 2025 FCA 5

Justice Mactavish; Justice Stratas; Justice de Montigny - 2025-01-13

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The Court has delivered its reasons from the Bench dismissing this appeal: 2024 FCA 212 (per Stratas J.A.). ... In this appeal, the high end of Tariff “B” leads to an award to the respondents of approximately $6,500. Both sides agree this falls well short of the mark. The appellants are prepared to accept an award against them that is roughly four times that amount. The respondents want one that is over fifteen times that amount—but one that is less than one-third of their actual legal costs. ... In some cases, it is reasonable for appellants to pursue a low-chance case. But this was less than a low-chance case, especially given the strict and demanding appellate standard of review of “palpable and overriding error”. Close this case was not. Awarding the respondents the upper end of Tariff “B” falls way short of the mark. It simply does not do justice. The respondents deserve an elevated award of costs. However, the amount sought by the respondents is too high. ... With these considerations in mind and balancing them all, I would award costs of the appeal to the respondents in the elevated, fixed amount of $40,000, all inclusive.

Decision relates to:

 

Canadian Intellectual Property