2 total
Appellant ordered to pay partial costs to the Crowns and full costs to class representatives.
Following the release of reasons disposing of the appeals regarding an Indigenous land claim, the Court of Appeal determined the costs of the proceedings.
The court ordered the appellant to pay 50% of the federal and provincial crowns' costs of the appeals on a party and party basis, noting the federal crown's unsuccessful arguments regarding the validity of the land surrender.
The class representatives, including the railway company, were awarded 100% of their costs for both the summary judgment motions and the appeals on a party and party basis.
The court directed that all costs be assessed rather than fixed.
No land remedy survived acquiescence, delay, and innocent third-party reliance.
An Indigenous band appealed from a summary judgment disposition concerning reserve lands sold in the 19th century without a lawful formal surrender.
The Court of Appeal held that there had been no surrender and that the claim was not barred by statutory limitation periods, but concluded that declaratory and possessory relief should nevertheless be refused.
The court applied public law discretion and equitable doctrines, emphasizing the band's historical acquiescence, the extraordinary delay in asserting the land claim, and the reliance of innocent third-party landowners who had held and developed the properties for generations.
The band was left to pursue its damages claims against the Crown.
