Court File and Parties

COURT OF APPEAL FOR ONTARIO DATE: 20210927 DOCKET: C68701 & C68702

Fairburn A.C.J.O., Lauwers and Jamal * JJ.A.

BETWEEN

Ontario First Nations (2008) Limited Partnership Claimant (Respondent)

and

Ontario Lottery and Gaming Corporation and Her Majesty the Queen in right of Ontario, as represented by the Ministry of Aboriginal Affairs Respondents (Appellants)

Counsel: R. Paul Steep, Bryn E. Gray and Stephanie Sugar, for the appellant, Ontario Lottery and Gaming Corporation D. Brent McPherson, Edmund S. Huang, Manizeh Fancy and Insiyah Kanjee, for the appellant, Her Majesty the Queen in right of Ontario Sheila Block, David Outerbridge, Leora Jackson, Nic Wall and Hannah Allen, for the respondent, Ontario First Nations (2008) Limited Partnership

Heard: in writing

On appeal from the order of Justice Glenn A. Hainey of the Superior Court of Justice, dated March 31, 2020, with reasons reported at 2020 ONSC 1516.

Costs Endorsement

[1] On September 1, 2021, this court released its reasons dismissing the appeal in this matter. The parties were encouraged to agree on costs, barring which written costs submissions would be received.

[2] The parties were unable to agree on costs. We have now received and reviewed the parties’ costs submissions. Bearing in mind that this is the second level of appeal, the issues involved and the success of the respondent, we conclude that an all-inclusive costs award in the amount of $200,000 to be appropriate.

“Fairburn A.C.J.O.”

“P. Lauwers J.A.”

• Jamal J.A. did not take part in this decision.