Fabia Wong

The respondents brought a motion for security for costs against the appellant.

Following the hearing of the motion, the parties were unable to resolve the issue of costs.

The Court of Appeal awarded costs of the motion to each of the moving parties on a partial indemnity basis, fixed at $7,500 each, payable by the responding party.

The respondents brought a motion for security for costs of the appeal.

The appellant argued the issue was res judicata because a pre-trial motion for security for costs had been dismissed.

The Court of Appeal rejected the res judicata argument, noting that the circumstances before and after a trial are different.

The court found that the appellant, a foreign corporation, failed to discharge its burden of proving it lacked access to funds to post security.

The motion was granted, and the appellant was ordered to post $120,000 in security for costs.

The appellant appealed a trial judgment finding him to be a trespasser on lands beneficially owned by the Band and ordering him to vacate the lands, pay damages, and comply with other consequential relief.

The appellant claimed an equitable interest in the lands based on a purported 1993 agreement.

The Court of Appeal upheld the trial judge's findings that the appellant's evidence was untrue and that the Band was not estopped from asserting its legal rights.

The Court dismissed the substance of the appeal, including the award of punitive damages, but varied the judgment to narrow the scope of orders regarding the removal of chattels and environmental remediation.