Darlene M. Misik

Following the Plaintiffs' discontinuance of their action against the Non-Crown Defendants, the Assessment Officer assessed the Non-Crown Defendants' Bill of Costs.

The Assessment Officer disallowed the request for solicitor-and-client costs as there was no Court order for such costs, and assessed costs at the party-and-party level under Tariff B. Several items claimed in the Bill of Costs were reduced or disallowed due to lack of supporting evidence or Court orders.

The Bill of Costs was ultimately allowed in the total amount of $2,160.00.

The Crown brought a motion to strike the plaintiffs' Statement of Claim, and the plaintiffs brought a cross-motion to amend it.

The plaintiffs, descendants of the Papaschase Band, sought damages and an accounting of profits arising from the historical withdrawal of original band members from treaty via the acceptance of Métis scrip.

The Court held that the proposed amendments constituted an abuse of process because the essential claims had already been litigated and dismissed in earlier representative proceedings before the Alberta courts and the Supreme Court of Canada.

The Court granted the motion to strike and dismissed the motion for leave to amend, awarding costs to the Crown.