Friday, March 4, 2022

Reduced Costs

Janssen Inc v Teva Canada Ltd 2022 FC 269 Manson J

             2,655,335 / paliperidone palmitate / INVEGA SUSTENNA

This is the costs decision stemming from Janssen v Teva / paliperidone 2020 FC 593 (blogged here and here), in which Manson J awarded costs to the plaintiffs, Janssen. I don’t always blog on costs decisions, but this one is notable for a significant reduction of both fees and disbursements, which is something I haven’t seen much in reported costs decisions. The parties had agreed prior to the issuance of the judgment that costs were to be set at 35% of the successful party’s actual fees. Manson J found the plaintiffs’ reasonable legal fees were 70% of actual fees claimed [22], and that the reasonable disbursements were 80% of the claimed amount [24]. Costs were awarded as 35% of the reduced amount.

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