Following redetermination (see 2017 FC 526, our summary here), the parties were unable to agree on Pfizer’s costs. In its judgment, the Court had found that Pfizer was entitled to its reasonable costs thrown away as a consequence of the cancellation of the initial hearing of the redetermination.
Pfizer requested its costs thrown away on a full-indemnity basis, or in the alternative on a substantial or partial recovery basis, for the two week period prior to the cancellation of the originally scheduled hearing. Teva submitted that Pfizer’s costs ought to be assessed at the upper end of Column IV of Tariff B.
The Court found that the authorities relied on by Pfizer in support of its request for full indemnity, being cases from the Ontario courts, were of little assistance in deciding this matter. Rather, the Court found that Teva’s actions that led to the adjournment did not come close to being reprehensible, scandalous or outrageous conduct that might justify an award of full indemnity. The Court awarded Pfizer its costs incurred in the two week period preparing for the redetermination hearing, assessed at the upper end of Column IV, and any disbursements thrown away.