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Apr 22, 2016

Litigation Department Wins Extraordinary Full-Indemnity Cost Award in Todd Family Holdings et al. v. Gardiner et al.

David Taub, a partner in our Litigation Group and Robert Choi, associate in our Litigation Group won a full-indemnity cost award of $960,432.26 for Todd Family Holdings and Future Image Holdings, in a recent decision released by Justice McIsaac of the Superior Court of Justice. This rare full-indemnity cost award followed a multi-million dollar trial victory in fraud and security enforcement litigation involving valuable insole patents and other intellectual property owned by Barefoot Science Technologies. In rendering the extraordinary cost decision, Justice McIsaac acknowledged that full indemnity costs should be awarded only in "extremely limited and exceptional circumstances where an offending party has acted in a reprehensible manner". The court nonetheless found that the present case met the high threshold because of the "litany of acts of malfeasance practiced by the defendants" during the course of the litigation and at trial. The court also recognized that "the complexity of the litigation" justified the full-indemnity cost award sought by the plaintiffs.

Access this landmark court decision here.
(Published by the Canadian Legal Information Institute.)

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