Ontario Civil


Civil Procedure

COSTS

Court required to have regard to unique and extraordinary circumstances of Indian residential school settlement agreement

Applicants were former students of Indian residential school who had or were making claims for compensation under independent assessment process of Indian residential school settlement agreement. Applicants brought request for directions respecting Canada’s compliance with its disclosure obligations. Request was granted in part. Applicants applied for costs. Application granted. Costs determinations under Indian residential school settlement agreement involved considerations not present in regular civil litigation. Requests for directions required court to exercise discretion having regard to unique and extraordinary circumstances of Indian residential school settlement agreement. Applicants were entitled to costs. Applicants were not confined to partial indemnity award of costs but they were not awarded full indemnity costs. It was fair and reasonable for Canada to pay applicants costs of $50,000, inclusive of disbursements and HST.

Fontaine v. Canada (Attorney General) (Aug. 31, 2015, Ont. S.C.J., Perell J., File No. 00-CV-192059) Additional reasons to 255 A.C.W.S. (3d) 251.  257 A.C.W.S. (3d) 277.

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