8 Feb 2023
Crocs Canada, Inc. v. Double Diamond Distribution Ltd
In the case of Crocs Canada, Inc. v Double Diamond Distribution Ltd, the court ruled in favor of Crocs (Crocs Canada, Inc. and Crocs Inc.) in an industrial design dispute. Crocs was awarded an accounting of the Defendant's profits, totaling $649,779.17, along with pre-judgment interest up to March 20, 2022, amounting to $44,321.69. Post-judgment interest at a rate of 5% per year was also awarded on outstanding amounts owed.
As for costs, since the parties could not agree on the amount, they submitted their arguments to the court. Crocs sought lump sum costs of $264,672.20, including 30% of the total recoverable fees ($158,373.07) and 100% of claimed disbursements ($106,299.13). They also provided calculations for 20% and 25% of the total recoverable fees, as well as the Tariff B Calculation of Legal Fees totaling $68,920.
The Defendant did not dispute most of Crocs' Tariff B Fees, except for the claimed amount of $158,373.07. After consideration, the court awarded Crocs lump sum costs of $232,861.15, based on 25% of their reasonably incurred legal fees and reasonable disbursements.