Eve Coppinger

The moving parties, former residents of St. Anne's Indian Residential School, appealed an order appointing an Independent Special Advisor (ISA) to review Independent Assessment Process (IAP) claims and sought an interim preservation order for documents.

They argued the ISA appointment undercut ongoing proceedings and was made by a biased judge.

The court dismissed both motions, finding no serious issue on appeal due to the probable interlocutory nature of the order, no irreparable harm to the moving parties, and the balance of convenience not favoring a stay.

The preservation order was also denied due to ongoing related proceedings and Canada's undertaking to preserve documents.

Former students of two residential schools brought a Request for Directions under the Indian Residential Schools Settlement Agreement alleging failures in Canada's document disclosure and reporting obligations in the Independent Assessment Process.

After partial success on the merits, the court addressed the issue of costs.

The applicants sought full indemnity costs exceeding $143,000, while Canada argued for partial indemnity costs in the range of $15,000 to $20,000.

The court held that costs under the IRSSA involve a special discretionary framework reflecting the reconciliation objectives of the settlement agreement.

Balancing success on the motion, litigation conduct, and fairness considerations, the court awarded reduced costs of $78,089.95.