Date: 20240722
Docket: T-173-23
Citation: 2024 FC 1145
Ottawa, Ontario, July 22, 2024
PRESENT: The Honourable Mr. Justice Zinn
BETWEEN: |
RANDY WILLIAMS |
Applicant |
and |
MUSIC AND ENTERTAINMENT RIGHTS LICENSING INDEPENDENT NETWORK LTD., CD BABY, and JIOSAAVN |
Respondents |
ORDER AND REASONS
[1] By Judgment and Reasons dated June 6, 2024, in Williams v Music and Entertainment Rights Licensing Independent Network Ltd, 2024 FC 861 [Judgment], I found that the Respondents did not infringe Mr. Williams’ copyright under the Copyright Act, RSC 1985, c C‑42, and accordingly dismissed the application in its entirety. I awarded the Respondents their costs, in an amount to be determined following receipt of their written costs submissions. These submissions and their accompanying material are now before the Court.
[2] The Respondents seek an order for $96,197.55 in costs, inclusive of disbursements and taxes. This represents an elevated award of costs calculated at the top end of Column V of Tariff B, with a double rate with respect to steps in the proceeding that took place after their written settlement offer on July 17, 2023, under Rule 420 of the Federal Courts Rules, SOR/98‑106 [Rules].
[3] Mr. Williams’ costs submissions read more as his submissions on appeal of the Judgment. He makes no explicit submissions as to the Respondent’s costs, except to state that, “[i]t would be an injustice for this court to reward such Respondent conduct with an award of costs as requested by the Respondents,”
and that “it was Respondents’ conduct that caused this litigation and its associated costs.”
[4] Costs determinations lie within the discretion of the trial judge under Rule 400(1) of the Rules. The Court weighs many factors in exercising this discretion as outlined under Rule 400(3) of the Rules:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
[5] As the Respondents provide, many of these factors weigh in their favour: they were successful in defending the application, the amount of work and the complexity of the issues presented by Mr. Williams was high, Mr. Williams repeatedly engaged in unnecessary conduct which prolonged the litigation between the parties, and, most importantly, Mr. Williams ignored or otherwise rejected the Respondents’ reasonable offer to settle.
[6] On July 17, 2023, the Respondents presented Mr. Williams with a written offer to settle for $1,500 if he accepted before the early neutral evaluation held on July 19, 2023, or $500 if accepted thereafter. They attempted to reach a settlement with Mr. Williams again on October 10, 2023. In response, Mr. Williams demanded payments of $4.66 million CAD and $29.125 million USD, and later made a second counteroffer of $350,000 CAD on November 7, 2023.
[7] I agree with the Respondents that their offer to settle was reasonable, and Mr. Williams’ rejection of it, in addition to other steps he took to prolong or extend the litigation, warrant granting an award of elevated costs.
[8] I acknowledge that Mr. Williams is self-represented. I further acknowledge that elevated costs awards are typically granted in situations involving “sophisticated, commercial parties:”
Drainvac International 2006 Inc (Drainvac Central Vacuums) v Vacuum Specialists (1985) Ltd, 2024 FC 280 [Drainvac] at para 48, citing Sport Maska Inc v Bauer Hockey Ltd, 2019 FCA 204 at paras 51-52. Notwithstanding, I agree with the Respondents that Mr. Williams has presented himself as a knowledgeable and experienced litigant, with a full understanding of the cost consequences of litigation. Further, this is a situation where the underlying case is “totally devoid of merit:”
Drainvac at para 48.
[9] For these reasons, I accept that the Respondents’ proposal for an elevated costs award is appropriate.
ORDER in T-173-23
THIS COURT ORDERS that the Respondents are awarded their costs in this matter as against Randy Williams pursuant to the Judgment in the amount of $96,197.55, inclusive of disbursements and taxes.
"Russel W. Zinn"
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET:
|
T-173-23 |
STYLE OF CAUSE:
|
RANDY WILLIAMS v MUSIC AND ENTERTAINMENT RIGHTS LICENSING INDEPENDENT NETWORK LTD., CD BABY, AND JIOSAAVN |
COSTS SUBMISSIONS IN WRITING CONSIDERED AT OTTAWA, ONTARIO, PURSUANT TO RULE 400(4) OF THE FEDERAL COURTS RULES
order AND REASONS: |
ZINN J.
|
DATED:
|
july 22, 2024
|
WRITTEN SUBMISSIONS BY:
Randy Williams |
For The Applicant (ON HIS OWN BEHALF) |
Eric Mayzel Steven Henderson |
For The Respondents |
SOLICITORS OF RECORD:
Cassels Brock & Blackwell LLP Barristers and Solicitors Toronto, Ontario |
For The Respondents |