OFAC revokes so-called U-turn authorization for Cuba-related financial transactions
OFAC published a final rule that modifies the Cuban Assets Control Regulations to revoke the so-called "U-turn" authorization.
Case: The Dow Chemical Company v Nova Chemical Corporation, 2016 FC 91
Nature of case: Costs decision
Successful party: Dow Chemical Company, Dow Global Technologies Inc. and Dow Chemical Canada ULC
Date of decision: January 22, 2016
Justice O’Keefe of the Federal Court awarded the plaintiffs of a successful patent infringement proceeding, Dow Chemical Company, Dow Global Technologies Inc. and Dow Chemical Canada ULC (Dow), a lump sum payment of $2.9 million for legal fees and $3.6 million for reasonable and necessary disbursements.
At the liability stage of the action, Dow was granted a declaration that the defendant, Nova Chemical Corporation (Nova) had infringed Canadian Patent No. 2,160,705, and was awarded costs of the proceeding (Dow Chemical Company v Nova Chemicals Corporation, 2014 FC 844).
The trial was complex, extended over 32 days and involved expert testimony. In addition, both parties carried out large amounts of testing.
Nova argued that Dow’s costs should be prescribed by the tariff rates under the Federal Court Rules, which would have restricted the costs award to $1,099,725, or only 11% of Dow’s legal costs. Justice O’Keefe stated that this would be “totally inadequate” and “[t]o only recoup 11% of your costs in such a complex case is not acceptable.”
Justice O’Keefe found that a lump sum award of 30% of Dow’s legal fees was more appropriate. He considered the following factors, among others, in awarding the increased costs award:
Justice O’Keefe also awarded $3.6 million for reasonable and necessary disbursements.
On 5 September 2019, Professor John McMillan AO’s Final Report (Report) on the operation of the Narcotic Drugs Act 1967 (ND Act) was tabled in Parliament. Section 26A of the ND Act required the Minster to cause a review of the operation of the ND Act to be undertaken.