Does a provision in the Costs Decision for fees for a second counsel for second counsel preclude a non-lawyer such as the patent agent?
Canada (Federal), Canada
The following excerpt is from Halford v. Seed Hawk Inc., 2006 FC 422 (CanLII):
The Seed Hawk Defendants argued that the provision in the Costs Decision for fees for second counsel precluded a non-lawyer, such as the patent agent. If he had been a lawyer, recovery if any would be limited to the partial indemnity limits of the tariff and not full indemnity by way of the device of a disbursement. Authorities such as J.M. Voith GmbH v. Beloit Corp., [1990] F.C.J. No. 1083 (F.C.T.D.) have held such disbursements to be non-recoverable overhead.
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