R. Aaron Dettlor

The plaintiff, Enbridge Pipelines Inc., sought costs on a partial indemnity basis following a successful motion for an interlocutory injunction.

The defendants, Todd Williams and Wayne Hill, did not submit any costs submissions.

The court considered the factors under subrule 57.01(1) of the Rules of Civil Procedure and section 131(1) of the Courts of Justice Act, emphasizing the principles of indemnity, reasonable expectation of costs, and proportionality.

Given the defendants' failure to dispute the plaintiff's claim, the court found the amount claimed to be reasonable and proportionate.

Costs were awarded severally, with Mr. Williams ordered to pay $18,387.81 and Mr. Hill $7,000.00.

Enbridge Pipelines Inc. sought an interim and interlocutory injunction to prevent Todd Williams and Wayne Hill from interfering with its pipeline maintenance work in the Hamilton, Ontario area.

The defendants asserted Aboriginal treaty harvesting rights under the Nanfan Treaty of 1701 as justification for their actions.

The court granted the injunction, finding that Enbridge established a strong prima facie case of trespass and irreparable harm, and that the balance of convenience favored Enbridge.

The court rejected the defendants' argument that a duty to consult and accommodate Aboriginal claims was a precondition for granting an injunction sought by a private party, emphasizing that self-help remedies are not condoned.