This is an assessment of costs following the discontinuance of a proceeding under the Patented Medicines (Notice of Compliance) Regulations. The Court allowed the Bill of Costs at $650.00.
The proceeding was started and a schedule was set but no further steps were taken by the parties pursuant to that schedule until the proceeding was discontinued. Pharmascience submitted, as part of its Bill of Costs, a claim for disbursements for two experts. sanofi argued that these expenses were premature and unreasonable.
The Court held that, unless the expert affidavits were intended to be used in support of a motion to dismiss, it was not prudent or reasonable to expend significant amounts of money on an expert prior to the timetable for exchange of evidence being finalized. Further, if the affidavits were drafted in support of a Motion to Dismiss, those costs cannot be allowed as the motion was never filed. Thus, the disbursements incurred by these experts were found to be neither prudent nor reasonable, and were not allowed.