The Federal Court of Appeal dismissed the appeal brought by The Clorox Company of Canada Ltd. against Chloretec S.E.C. In the assessment of costs, the assessment officer determined the level of costs to be assessed under Column III of Tariff B. The officer allowed a range of units within that column based on the unique circumstances of each item claimed. The officer also considered that costs provide partial compensation and reviewed the services and disbursements claimed. Notably, the officer disallowed Item 16(a) as there was no motion for leave to appeal, allowed 6 units for Item 19 based on the complexity of the memorandum of fact and law, and allowed 9 units for Item 22(a) considering the result and complexity of the appeal hearing. The officer allowed 1 unit for Item 25 as the lawyer likely reviewed and explained the judgment and allowed 3 units for Item 26 but reduced the claimed amount due to the lack of written submissions. Additionally, the officer allowed 2 units for Item 27, which covers the preparation of the appeal hearing. For disbursements, the officer allowed a lump sum of $1,000.00 for photocopies and printing based on the materials filed and the number of copies. However, the officer found insufficient supporting documentation for the process server and messenger disbursements and disallowed certain fees related to motions that were dismissed.

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