Frontenac Ventures Corporation v. Ardoch Algonquin First Nation, 2008 ONCA 621

CITATION: Frontenac Ventures Corporation v. Ardoch Algonquin First Nation, 2008 ONCA 621

DATE: 20080911

DOCKET: C48642

COURT OF APPEAL FOR ONTARIO

ROSENBERG, FELDMAN and MACPHERSON JJ.A.

BETWEEN:

FRONTENAC VENTURES CORPORATION

Plaintiff (Respondent in Appeal)

and

ARDOCH ALGONQUIN FIRST NATION, SHABOT OBAADJIWAN FIRST NATION, ROBERT LOVELACE, PAULA SHERMAN, DOREEN DAVIS, RANDY COTA, HAROLD PERRY, JANE DOE, JOHN DOE and PERSONS UNKNOWN and HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO

Defendants (Respondent in Appeal)

and

ARDOCH ALGONQUIN FIRST NATION, SHABOT OBAADJIWAN FIRST NATION, ROBERT LOVELACE, PAULA SHERMAN, DOREEN DAVIS, HAROLD PERRY, EARL BADOUR SR., FRANK MORRISON, DAVID MILNE, JOHN HUDSON, JANE DOE, JOHN DOE and PERSONS UNKNOWN

Respondents on Contempt Motion (Appellants)

Christopher Reid and Sarah Dover for the appellants Ardoch Algonquin First Nation, Robert Lovelace and Paula Sherman

Neil J. Smitheman and Tracy A. Pratt for the respondent Frontenac Ventures Corporation

Malliha Wilson, E. Ria Tzimas and Tamara Barclay for the respondent Her Majesty the Queen in Right of Ontario

Julian N. Falconer and Kimberly R. Murray for the intervener Nishnawbe Aski Nation

Mary Eberts for the intervener Native Women’s Association of Canada

Heard: May 28, 2008

On appeal from the sentences imposed by J. Douglas Cunningham A.C.J.S.C. on February 15, 2008.

ENDORSEMENT

[1] We have received costs submissions from the parties. The appellants are entitled to their costs of the appeal fixed at $50,000 inclusive of disbursements and G.S.T.

[2] The respondent Frontenac Ventures Corporation should pay $40,000 and the respondent Her Majesty the Queen in right of Ontario should pay $10,000. The latter respondent should pay costs because, although its position on the appeal ultimately was that the appeal should be allowed and the sentences reduced, its position throughout the original contempt and sentencing hearings was instrumental in leading to the appeal.

“M. Rosenberg J.A.”

“K. Feldman J.A.”

“J.C. MacPherson J.A.”