Following a successful application to add two institutions to Schedule “F” of the Indian Residential Schools Settlement Agreement, the moving parties sought legal costs on a full or substantial indemnity basis.
The court interpreted Article 12.01(6) of the Settlement Agreement, which allows Canada to provide requestors with “reasonable legal costs and disbursements.” The court held that this standard is distinct from traditional indemnity scales used in civil procedure and requires reimbursement only for costs reasonably necessary to the application.
After reviewing the accounts, the court excluded certain expenses and reduced amounts where senior counsel performed work that could reasonably have been completed by junior counsel.
The court fixed reasonable legal costs and disbursements accordingly.
