IPIC Review of Tariff B of the Rules on Costs

From the perspective of parties to complex intellectual property litigation, Tariff B has always presented two shortcomings: (a) costs awards are disproportionately small relative to the total amounts incurred; and (b) a lengthy and unwieldy assessment procedure, particularly in the context of actions that have, in many cases, lasted for years.

Recent trends in the jurisprudence have seen the Court frequently award lump sum costs in complex intellectual property litigation, the fee component calculated as a simple percentage of a party’s total amount incurred. From the perspective of intellectual property litigants, this is a positive development, as it adequately addresses both of the foregoing issues.