2 total
Costs fixed at $18,000 against individual who brought dismissed injunction motion on behalf of unincorporated entity.
Following the dismissal of the applicant's motion for an interlocutory injunction due to a lack of legal capacity to sue, the responding First Nation sought costs of $40,510.34 on a partial indemnity basis.
The individual who brought the proceeding on behalf of the applicant accepted personal liability for costs but argued the quantum was excessive.
The court found the hours claimed by the responding First Nation were disproportionate to the complexity of the issues, which were primarily procedural.
The court fixed costs at $18,000 all inclusive, payable by the individual personally.
Consent motion to set aside default judgment against the Crown granted with substantial costs awarded.
The defendants brought a motion to set aside a default judgment entered against the Crown in an action arising from a fatal mining accident.
The parties reached a resolution consenting to set aside the default judgment on terms, including the payment of substantial costs by the Crown.
The court endorsed the resolution, finding that the five-part test for setting aside a default judgment was met, as the delay was due to unique circumstances compounded by the pandemic, and the Crown had an arguable defence.
The court also granted a sealing order for certain medical information to protect personal privacy.
