C. Lindsay

This decision addresses costs following the dismissal of the applicants' motion for an interlocutory injunction.

The respondents, including EACOM Timber Corporation, Northshore Forest Inc., Vermilion Forest Management Company Ltd., and two government Ministries, did not seek costs.

The applicants requested that no costs be ordered against them.

The court, noting the lack of costs requests from the respondents and the applicants' position, ordered that all parties bear their own costs for the interlocutory injunction motion.

The applicants sought an interlocutory injunction to halt logging, road building, and aerial spraying in the Benny area, asserting a lack of meaningful consultation and consent regarding their Aboriginal and Treaty rights.

The court applied the three-part test for an interlocutory injunction, finding that the Crown's duty to consult with the Atikameksheng Anishnawbek First Nation (AAFN) had been met through extensive engagement, which led to the approval of remedial measures by the AAFN Chief and Council.

The applicants failed to demonstrate a serious issue to be tried or irreparable harm, as their claims were general and the Crown's protective measures were deemed ample.

Furthermore, the balance of convenience favoured the respondents, given the significant economic impact and job losses that an injunction would cause.

The court also clarified that the duty to consult is owed to the collective Aboriginal group, not individual members, and rejected claims of additional hereditary clan leader reserves under the Robinson-Huron Treaty of 1850.

The motion for an interlocutory injunction was dismissed.