Applicants entitled to costs as they incurred expenses in seeking to assert their rights

Applicants filed notice of application for judicial review of series of decisions made by respondents. Applicants filed applicants’ record. Instead of filing respondents’ record, respondents filed motion record for judgment, indicating that they would like to dispose of case in accordance with consent to judgment signed by respondents. Respondents did not obtain applicants’ consent to this judgment. Applicants noted that Band Council had adopted new measures that had same effect as ones they were challenging. Applicants filed motion seeking directions. Case management conference was held. Parties agreed, inter alia, that applicants would file their consent to judgment in accordance with terms proposed by respondents, excluding issue of costs, and that applicants would file new application for judicial review. Issues arose concerning costs. Respondents to pay applicants’ costs in lump sum of $1,500.00. Considering facts and law, and given discretion granted under R. 400(1) of Federal Courts Rules and principles set out in case law, applicants had to be awarded portion of their costs. They incurred expenses in seeking to assert their rights, and they followed appropriate steps in accordance with Rules. Case did not proceed to hearing on merits due to actions of respondents.

Landry c. Conseil des Abénakis de Wôlinak (2018), 2018 CarswellNat 8470, 2018 CarswellNat 8471, 2018 FC 1270, 2018 CF 1270, William F. Pentney J. (F.C.).