26 Jul 2023
Bristol-Myers Squibb Canada Co. v. Pharmascience Inc.
The case of Bristol-Myers Squibb Canada Co. v. Pharmascience Inc. referred to the assessment of costs pertaining to the court judgment and reasons dated April 22, 2021. It involved the plaintiffs who were referred to collectively as BMS, and the defendants, referred to as Pharmascience. The Court awarded the plaintiffs their costs but did not fix them as a lump sum, instead instructing that costs should be taxed at the upper end of Column V of Tariff B.
In the Court's Judgment and Reasons, specific instructions were provided to the Assessment Officer assigned to assess the costs. The defendants raised several issues during the assessment process. Firstly, they disputed invoice 3162786, which they claimed represented a $500,000 bonus for success, but the plaintiffs argued it covered legal services performed in excess of the bonus amount. The Court found that if the Plaintiffs could substantiate the additional legal services, the sum claimed would be recoverable. Secondly, the Defendants challenged the fees charged by the expert witnesses, specifically Dr. Weitz and Dr. Davies. However, the Court deemed these rates appropriate considering their expertise. Thirdly, the Defendants questioned the fees charged by Dr. Greenlee, who was not called to testify, but the Court justified his fees as recoverable.
The court ruled that plaintiffs' Bill of Costs was assessed and allowed in the total amount of $530,657.12, payable by the Defendant to the Plaintiffs. A Certificate of Assessment was also issued.