Monika Lozinska

Following a successful appeal that certified the action as a class proceeding, the Court of Appeal issued a costs endorsement.

The appellants were awarded costs throughout on a partial indemnity scale.

The Court fixed the costs for the Divisional Court at $60,000 and for the Court of Appeal at $42,500, payable forthwith by the respondents jointly and severally.

The costs of the initial certification motion were referred back to the motion judge.

The appellants, members of various First Nations, sought to bring a class proceeding against the federal government and church entities for harms suffered at the Mohawk Institute Residential School between 1922 and 1969.

The motion judge and Divisional Court denied certification.

The Court of Appeal allowed the appeal, finding that the criteria for certification under s. 5(1) of the Class Proceedings Act, 1992 were met, including identifiable classes, common issues such as systemic negligence and breach of fiduciary duty, and the preferability of a class action.