COURT FILE NO.: 448/07

DATE: 20080512

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: THE HURON-WENDAT NATION (Applicant/Responding Party) – and – THE ONTARIO MUNICIPAL BOARD et al (Respondents), Respondent KIMVAR ENTERPRISES INC. (Moving Party)

BEFORE: PITT, MOLLOY and MURRAY, JJ.

COUNSEL: Michael Miller, for the Moving Party, KIMVAR ENTERPRISES INC.

Rodney Northey, for the Applicant/Responding Party THE HURON-WENDAT NATION

DATE HEARD: In writing

ENDORSEMENT RE COSTS

[1] Kimvar Enterprises brought a motion seeking to quash the judicial review application commenced by The Huron-Wendat Nation (“H-W”). That motion was argued before us on February 14, 2008. A lawyer attended on the motion on behalf of H-W for the sole purpose of requesting an adjournment, which request was denied. The motion then proceeded in the absence of H-W, at the conclusion of which the judicial review application was quashed for reasons set out in a hand-written endorsement of that date. Written submissions on costs were invited, with notice to H-W.

[2] Mr. Miller, on behalf of the successful party (“Kimvar”) seeks costs of $15,000 plus G.S.T and disbursements in the amount of $3379.38. In addition Kimvar sought costs in the collective amount of $1500 for three other parties who were respondents in the judicial review proceeding.

[3] Mr. Northey delivered a written response to those costs submissions on behalf of H-W. In the course of those submissions, he requested a further 30 days to investigate and make submissions about events leading up to the removal of H-W’s previous counsel of record. We are of the view that the issue raised is not relevant to costs and have not extended the time or permitted further submissions.

[4] We agree with Mr. Northey’s submissions that the claim for costs with respect to the other three parties is not supported by any evidence. No costs are allowed for those parties with respect to the motion.

[5] This motion was not complex and was, essentially, undefended. There was no material filed by H-W in response to the motion, or in the judicial review proceeding itself, and therefore nothing that Kimvar needed to respond to. The issues were straightforward. In these circumstances, a counsel fee of $15,000.00 as claimed by the moving party is simply not warranted. We have no difficulty with the disbursements. Costs are fixed at $8,379.38, inclusive of G.S.T. and disbursements.

PITT J.

MOLLOY J.

MURRAY J.

Released: May 12, 2005