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The Court of Appeal upheld an eviction order from reserve land, finding no reasonable apprehension of bias, but reduced the costs award to partial indemnity.
The appellant appealed an order of the Superior Court of Justice granting possession of Lot 15 on the Whitefish River First Nation reserve to the respondent and ordering the appellant's eviction.
The appellant claimed she was denied a fair hearing because the application judge unreasonably refused an adjournment and his conduct gave rise to a reasonable apprehension of bias.
The appellant also sought leave to appeal the substantial indemnity costs award of approximately $24,000.
The Court of Appeal dismissed the main appeal regarding fair hearing but granted leave to appeal costs and reduced the award to $15,000 partial indemnity costs.
Substantial indemnity costs awarded for delay tactics and meritless positions.
This was a costs endorsement following an order requiring the respondent to vacate property occupied without entitlement.
The court held that substantial indemnity costs were warranted because the respondent delayed the proceeding through adjournments, changes in counsel, repudiation of a negotiated settlement, and meritless positions, including an unproven will relating to different lands.
The court also relied on written settlement offers under Rule 49.13 of the Rules of Civil Procedure.
Full disbursements of $4,383.82 and substantial indemnity fees of $20,000 were awarded, for total costs of $24,383.82.
