Former students of two residential schools brought a Request for Directions under the Indian Residential Schools Settlement Agreement alleging failures in Canada's document disclosure and reporting obligations in the Independent Assessment Process.
After partial success on the merits, the court addressed the issue of costs.
The applicants sought full indemnity costs exceeding $143,000, while Canada argued for partial indemnity costs in the range of $15,000 to $20,000.
The court held that costs under the IRSSA involve a special discretionary framework reflecting the reconciliation objectives of the settlement agreement.
Balancing success on the motion, litigation conduct, and fairness considerations, the court awarded reduced costs of $78,089.95.