The Attorney General of Ontario (AG) brought a motion to set aside the court's appointment of two amici curiae for an appeal, arguing that the court exceeded its jurisdiction and that the AG's policy of paying only legal aid rates should apply.
The court denied the AG's motion, finding that the AG's refusal to negotiate reasonable compensation with the appointed amici undermined the court's judicial role and appointment power.
The court emphasized the need for a flexible approach to amicus remuneration, especially given the unique qualifications and prior involvement of the appointed amici in this complex constitutional and jurisdictional appeal.
The underlying appeal was stayed until the AG and amici could agree on compensation.