Michipicoten First Nation v. Minister of Natural Resources and Forests
CITATION: Michipicoten First Nation v. Minister of Natural Resources and Forests, 2017 ONSC 1603
DIVISIONAL COURT FILE NO.: DC-15-1015
DATE: 20170323
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
MARROCCO A.C.J.S.C., THORBURN & MULLINS JJ
BETWEEN:
MICHIPICOTEN FIRST NATION Applicant
– and –
MINISTER OF NATURAL RESOURCES AND FORESTS, NODIN KITAGAN LIMITED PARTNERSHIP, NODIN KITAGAN 2 LIMITED PARTNERSHIP, by their respective general partners SHONGWISH NODIN KITAGAN GP CORP and BATCHEWANA FIRST NATION Respondents
COUNSEL:
Chantelle J. Bryson, for the Applicant
Sarah Valair and Stephanie Figliomeni, for the Ministry of the Attorney General, for the Respondent Minister of Natural Resources and Forests
John Terry and Ryan Lax, for the Respondents Nodin Kitagan Limited Partnership by their respective general partners
William B Henderson, for the Respondent Batchewana First Nation
HEARD: IN WRITING
COSTS ENDORSEMENT
MARROCCO A.C.J.S.C.
[1] I see no reason to depart from the principle that the successful parties should be entitled to their costs.
[2] The respondent Minister of Natural Resources and Forests is not seeking any costs and will therefore receive none.
[3] The issue in this case was somewhat complicated because it dealt with the duty to consult in the context of an administrative system to decide whether to approve Wind Farms.
[4] There was a significant amount of money at stake for all of the parties. The entire project cost $240 million. The costs of decommissioning the project, which was the relief sought by the applicant, was estimated at $15 million. Finally, the Batchewana First Nation had a 50% equity in the project and it was expected that the project would benefit the communities and members of the Batchewana First Nation for approximately 20 years.
[5] In my view, it is also significant that this application for judicial review was not commenced until approximately 15 months after the Applicant was told by the Environmental Review Tribunal that any complaint in relation to the duty to consult would have to be brought to the Divisional Court by way of judicial review.
[6] The respondents Nodin Kagan Limited Partnership and Nodin Kagan 2 Limited Partnership seek approximately $172,000; the respondents Batchewana First Nation seek approximately $62,000.
[7] Having regard to the circumstances of this matter including the ones to which I have referred I am satisfied that costs in the amount of $50,000 plus disbursements and HST should be paid by the applicant to each of the respondents with the exception of the Minister of Natural Resources and Forests.
MARROCCO A.C.J.S.C.
THORBURN J.
MULLINS J.
Released:
CITATION: Michipicoten First Nation v. Minister of Natural Resources and Forests, 2017 ONSC 1603
DIVISIONAL COURT FILE NO.: DC-15-1015
DATE: 20170323
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
MARROCCO A.C.J.S.C., THORBURN & MULLINS JJ
BETWEEN:
MICHIPICOTEN FIRST NATION
Applicant
– and –
MINISTER OF NATURAL RESOURCES AND FORESTS, NODIN KITAGAN LIMITED PARTNERSHIP, NODIN KITAGAN 2 LIMITED PARTNERSHIP, by their respective general partners SHONGWISH NODIN KITAGAN GP CORP and BATCHEWANA FIRST NATION
Respondents
Costs endorsement
Released: 20170323