January 11, 2000
Publication title: Canadian Press NewsWire, vol. -, Iss. -, pg. –
Place: Vancouver
Writer: Unknown
McLachlan suit to sort out costs of lengthy trial
VANCOUVER (CP) – Lawyers for superstar singer Sarah McLachlan and the man who unsuccessfully sued her will be back in court soon to sort out costs incurred in the lengthy trial, McLachlan’s lawyer said Tuesday.
“The matter of costs follows every lawsuit,” Jennifer Conkie said following reports McLachlan was suing Darryl Neudorf to recover the costs.
“Nobody is suing anybody,” said Conkie. “Legal costs follow as a result of the trial itself.”
McLachlan, a Grammy and Juno award-winning singer, last month won a courtroom battle against Neudorf, a record producer who tried to claim cash and credit for work on four songs on the pop singer’s 1988 debut album Touch.
Justice Bruce Cohen, who will hear submissions in the next month or two about costs, ruled in favour of McLachlan and dismissed Neudorf’s claims against the singer.
Neudorf, a former drummer with the band 54-40, sued McLachlan, her label Nettwerk, and her managers, Mark Jowett and Terry McBride.
Nettwerk had recruited Neudorf to help the singer, then a promising 19-year-old who had moved to Vancouver from Halifax.
Conkie declined to talk specifically about costs in her clients’ case. But she said costs have two components: fees for lawyers and expenses for disbursements – things like photocopying, transcripts and other costs related to the legal process.
“Typically, speaking in broad generalities, one can expect to recover 30 per cent to 40 per cent at least, of one’s real legal fees, and most if not all of disbursements,” said Conkie.
She estimated her disbursement costs at about $60,000.
“In virtually all lawsuits, the unsuccessful party is obliged to pay some of the costs of the successful party,” she said.
“I haven’t even worked out our costs yet and what we’ll be seeking as a portion of recoverable legal fees is still before the courts.”
A report quoting McLachlan’s manager, Terry McBride, as saying that defence costs were in excess of $500,000 was a reference to “the cost of lost business and lost time (to Nettwerk) because the trial took up so much time,” said Conkie.
Last month, Conkie described the decision as a landmark one for Canadian copyright law because the court set out a legal test for collaboration and joint authorship under the copyright act.
The trial began in November 1998 and ended the following June.
McLachlan testified on her own behalf, occasionally singing and playing a keyboard before a courtroom audience of court officials, media and fans.
Neudorf had claimed he didn’t receive credit or royalties for co-writing Vox, Steaming, Sad Clown and Strange World.
