Keramchemie GMBH v. Keramchemie ( Canada ) Ltd.
T-1474-93
Reed J.
30/8/95
5 pp.
Motion to set aside decision of Associate Senior Prothonotary awarding applicant (respondent to present motion) costs, on solicitor-client basis, following dismissal of trademark expungement action-Prothonotary having all relevant evidence before him, thorough knowledge of file-Trial date for expungement action set for December 1994-Respondent commencing proceedings to voluntarily abandon trade mark registrations at issue-Applicant's expungement action dismissed-Respondent reapplying for new registrations virtually identical to abandoned marks-Applicant challenging validity of registration of trademarks held by respondent, successful in all proceedings with costs awarded to it in cause or in any event of cause-Respondent ignoring order for costs-Prothonotary's decision supported by R. 344(3)-Decision in Bhatnager v. Minister of Employment and Immigration, [1985] 2 F.C. 315 (T.D.) standing for proposition date of conduct one factor to be taken into consideration in assessing costs on solicitor-client basis-Inclusion in order, on interlocutory motion, of provision that costs shall follow cause, or be paid in any event of cause, not order as to scale of costs-Such orders only identifying party who will obtain costs-Still open to Court, at end of proceedings, to determine which scale should be applied-R. 344 complete answer to respondent's arguments-Motion dismissed-Federal Court Rules, C.R.C., c. 663, R. 344 (as enacted by SOR/87-221, s. 2).