Court File and Parties

CITATION: Stenlund v Minister of Natural Resources and Forestry, 2019 ONSC 5814
DIVISIONAL COURT FILE NO.: DC-18-015-JR
DATE: 20191008

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: Donald David Stenlund, Applicant

– and –

The Minister Of Natural Resources and Forestry, Respondent

BEFORE: Lafreniere, Myers, and Williams, JJ.

COUNSEL: Alexandra M. Tomasovic Little, for the Applicant Judith Parker, for the Respondent

READ: October 08, 2019

Endorsement

Myers J:

[1] By decision dated August 20, 2019, reported at 2019 ONSC 4889, the court dismissed this application for judicial review. The court affirmed the Minister’s discretionary decisions to refuse to renew Mr. Stenlund’s licence to trap in a particular registered trapline area and to grant a licence to Ms. Sitch to trap that trapline.

[2] The Minister seeks costs of $8,000 all-in calculated on a heavily discounted, partial indemnity basis. Mr. Stenlund did not make any costs submissions despite being provided with an opportunity to do so.

[3] In my view, the Minister’s request should be granted. The quantum sought is very reasonable for a review of the somewhat uncharted waters of the Fish and Wildlife Conservation Act, 1997, SO 1997, c 41. I note that the Ministry’s submissions concerning the statute and the regulatory scheme helpfully clarified the issues.

[4] Moreover, the essence of the application was commercial hunting rights. While the case had some broader policy overtones, at its heart, Mr. Stenlund and his supporters were trying to protect their livelihoods. Like most cases, it resolved to economics. There is no reason therefore for costs not to follow the event in accordance with the normative approach in Ontario.

[5] Mr. Stenlund will therefore pay costs of $8,000 to the Minister.

Myers J.

I agree _______________________________

Lafreniere J.

I agree _______________________________

Williams J.

Date: October 8, 2019