H. Allen

Following the dismissal of the appellant's motion to stay, the respondent sought partial indemnity costs of $30,643.80.

The appellant argued costs should be fixed at $3,500.

The court found the respondent's claim excessive, noting that fees for two lawyers and a senior clerk were unreasonable for the motion, and the lead counsel's hourly rate was high for the Northwest Region.

Taking a global approach and considering the reasonable expectations of the unsuccessful party, the court fixed costs at $8,500 plus HST.

The moving party, Hornepayne First Nation, sought to stay an arbitrator's award pending its appeal.

The arbitrator had found the moving party in breach of its financial reporting obligations under a limited partnership agreement and ordered it to submit audited financial statements within 60 days to avoid forfeiture of $2.8 million in gaming revenues.

The court applied the RJR-MacDonald test and dismissed the motion, finding no irreparable harm because the respondent undertook not to distribute the funds pending the appeal, and concluding the balance of convenience favoured the respondent.