Following the dismissal of the applicant's motion for an interlocutory injunction due to a lack of legal capacity to sue, the responding First Nation sought costs of $40,510.34 on a partial indemnity basis.
The individual who brought the proceeding on behalf of the applicant accepted personal liability for costs but argued the quantum was excessive.
The court found the hours claimed by the responding First Nation were disproportionate to the complexity of the issues, which were primarily procedural.
The court fixed costs at $18,000 all inclusive, payable by the individual personally.
