National Hockey League v. Société des Loteries et Courses du Québec
T-194-91
Rouleau J.
17/8/93
5 pp.
Application pursuant to RR. 344 and 345 asking Court to increase costs above agreed tariff on solicitor-client basis -- Action for infringement brought by National Hockey League, which alleged it had copyright to N.H.L. trade marks and to trade marks of hockey clubs belonging to N.H.L. -- Defendants argued N.H.L. not artifical person in Quebec and accordingly had no capacity to sue or bring action -- Counsel for plaintiff gave certain undertakings which were fulfilled -- Action brought by plaintiff neither frivolous nor vexatious and defendants did not establish any valid reason for award of costs on solicitor-client basis -- Latter only awarded in rare and exceptional circumstances -- Since circumstances justify increase of costs beyond Tariff B, taxing officer should be given instructions to award such increase-Application allowed -- Federal Court Rules, C.R.C., c. 663, RR. 344, 345.