The Attorney General of Canada brought a motion seeking leave to examine three expert witnesses before trial.
The parties largely resolved the motion, leaving the court to adjudicate the quantum of interim costs payable by Canada to the plaintiff (Six Nations of the Grand River Band of Indians) and the costs of the motion.
The court awarded the plaintiff $150,000 in interim costs to indemnify for financial prejudice due to duplicated work and early incurred expenses from the pre-trial examinations.
The court declined to award costs for the motion itself, finding that all parties had compromised their positions and no exceptional circumstances warranted a costs award.
