(c) a certificate of assessment of costs issued in a proceeding in the Court of Appeal, on an issue in respect of which an objection was served under the rules of court; (ontario.ca)
The Federal Courts Rules, applicable in the Federal Court where most IP cases take place in Canada, include broad abilities for the Court to split the determination of issues in a proceeding: (slaw.ca)
I agree with the Plaintiff that this Court has recognized that there is no hard and fast rule against a plaintiff pleading the language of the claims of the patents at issue in the proceeding in order to meet part (b) of the Dow Chemical test. (slaw.ca)