Following a prior decision in favour of the plaintiffs on a motion, the court addressed the quantum of costs payable.
The plaintiffs sought approximately $174,000 in costs on a partial indemnity basis, while the federal defendant argued that $75,000 was reasonable.
The court considered the substantial evidentiary record, the importance of the motion, and the extensive preparation required to establish a meritorious claim related to Indigenous rights litigation.
Balancing these factors, the court fixed costs at $125,000 inclusive of disbursements and taxes.
The costs award remained subject to possible re‑adjustment between the governmental defendants at trial.
