Date: 20200130
Docket: T-396-19
Citation: 2020 FC 169
Ottawa, Ontario, January 30, 2020
PRESENT: The Honourable Mr. Justice Barnes
BETWEEN:
FRASER LEISHMAN AND
GRAY GREENWAY
Applicants
and
HER MAJESTY THE QUEEN
IN RIGHT OF CANADA, AS REPRESENTED BY THE MINISTER OF ENVIRONMENT AND CLIMATE CHANGE AND
PARKS CANADA AGENCY
Respondents
SUPPLEMENTARY JUDGMENT AND REASONS
[1] These are my supplementary reasons dealing with the outstanding issue of costs in this proceeding: see Leishman v Canada, 2019 FC 1589.
[2] The Respondents successfully defended the application brought by the Applicants and seek costs calculated at the mid-point of Column III of the Federal Courts Tariff. The Applicants argue that their application was brought in the public interest and that they should be excused from paying costs or, alternatively, that they should be awarded costs.
[3] It is not entirely clear what motivated the Applicants to bring this challenge. They had a personal interest in the sense that they are neighbours to the Parks Canada development that was in issue and they wanted it stopped. On the record before me, I am not satisfied that they meet all of the criteria in Bielli v Canada, 2013 FC 953 at paras 13-18, 439 FTR 149, and, in particular, that they had no personal interest that would justify the proceeding economically. At the same time, they were advancing a good faith argument that the development was unlawful. I accept the point that they were advancing a position shared by at least some others in the community.
[4] I am not satisfied, however, that the Applicants should be saved entirely from bearing the usual burden of unsuccessful litigation. The taxpayers of Canada who fund Parks Canada’s operations also represent a public interest that should not be entirely ignored. I note as well that costs were awarded by this Court in favour of the Respondents when the first application was dismissed: see Leishman v Canada, 2017 FC 206, 277 ACWS (3d) 455. In the result, I will fix costs payable by the Applicants to the Respondents in the amount of $2,750 inclusive of disbursements.
JUDGMENT IN T-396-19
THIS COURT’S JUDGMENT is that costs are fixed in the amount of $2,750 inclusive of disbursements payable by the Applicants to the Respondents.
"R.L. Barnes"
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET:
T-396-19
STYLE OF CAUSE:
FRASER LEISHMAN AND GRAY GREENWAY v HER MAJESTY THE QUEEN IN RIGHT OF CANADA, AS REPRESENTED BY THE MINISTER OF ENVIRONMENT AND CLIMATE CHANGE AND PARKS CANADA AGENCY
PLACE OF HEARING:
EDMONTON, ALBERTA
DATE OF HEARING:
NOVEMBER 21, 2019
SUPPLEMENTARY JUDGMENT AND REASONS:
BARNES J.
DATED:
JANUARY 30, 2020
WRITTEN SUBMISSIONS BY:
Kimberley Wakefield
For The ApplicantS
Cameron G. Regehr
Keelan Sinnott
For The RespondentS
SOLICITORS OF RECORD:
Dentons Canada LLP
Edmonton, AB
For The ApplicantS
Attorney General of Canada
Edmonton, AB
For The RespondentS