- Parties: The appellant was Double Diamond Distribution Ltd. The respondents were Crocs Canada, Inc. and Crocs Inc. 

- Subject Matter: In the first decision (2022 FC 1443), the Federal Court ruled that the appellant infringed the respondents’ Canadian Industrial Design No. 120939, which was found to be valid. The court awarded the respondents an accounting of the appellant’s profits and set the amount of these profits. In the second decision (2023 FC 184), the Federal Court ordered the appellant to pay the respondents costs in a lump sum amount. The appellant appealed the two decisions and brought two motions to introduce new evidence relating to the costs decision. The second motion was dismissed because it was filed only seven days before the hearing of the present appeals without adequate explanation for the short notice. 

- Ruling: The appeal court ruled in the respondents’ favour and dismissed the appeals and the appellant’s first motion to introduce new evidence. The appeal court decided that none of the issues raised by the appellant established a reviewable error under the applicable review standards. The appeal court found the Federal Court entitled to accept the expert evidence. The appeal court also saw no error in the Federal Court’s costs decision. 

- Date: The hearing was set on Nov. 29, 2024. The court released its decision on Nov. 29, 2024. 

- Venue: This was a federal case before the Federal Court of Appeal. 

- Amount: The appeal court awarded costs in the appeals and in the motion.