Robert Janes K.C.

Following the dismissal of a proposed intervener's motion to intervene, the successful party and another intervener sought costs.

The court awarded the successful party elevated costs fixed at $460,000, apportioning liability among the proposed intervener (65%) and the two defendants (17.5% each) due to the defendants' delayed positions which complicated the motion.

The second intervener was awarded $12,500 in costs against the proposed intervener, limited to costs incurred after it first requested them in its factum.

The plaintiff, Six Nations of the Grand River Band of Indians, brought a motion to amend its statement of claim in a long-standing action concerning the Haldimand Tract.

The defendants did not oppose the amendments but sought extensive time to deliver responding expert reports.

The Attorney General of Canada brought a cross-motion to strike portions of the claim that pleaded breaches of duty 'by example'.

The court dismissed the cross-motion, finding that pleading by example was appropriate given the plaintiff's claim for a complete accounting.

The court granted the motion to amend and set a timeline for the defendants to deliver responding expert evidence, rejecting the defendants' request for a multi-year extension based on their internal retention processes.

Costs of $90,000 were awarded to the plaintiff.

This endorsement addresses three motions to intervene in a complex, long-standing action by the Six Nations of the Grand River Band of Indians (SNGR) against the Crown for breaches of duty and treaty obligations related to the Haldimand Proclamation.

The Haudenosaunee Development Institute (HDI) sought to intervene as a party, arguing it represented the true rights-holder and aimed to derail the litigation in favor of nation-to-nation negotiations.

The Mississaugas of the Credit First Nation (MCFN) sought to intervene as a party due to concerns about SNGR's expert evidence impacting MCFN's history and treaty rights.

Men's Fire of the Six Nations Grand River Territory sought to intervene in HDI's motion to oppose it.

The court granted Men's Fire leave to intervene in HDI's motion, denied HDI's motion to intervene in the main action (finding its interest not genuine, an abuse of process, and causing undue delay), and granted MCFN's motion to intervene in the main action with specific terms to manage its participation.

The Attorney General of Canada brought a motion seeking leave to examine three expert witnesses before trial.

The parties largely resolved the motion, leaving the court to adjudicate the quantum of interim costs payable by Canada to the plaintiff (Six Nations of the Grand River Band of Indians) and the costs of the motion.

The court awarded the plaintiff $150,000 in interim costs to indemnify for financial prejudice due to duplicated work and early incurred expenses from the pre-trial examinations.

The court declined to award costs for the motion itself, finding that all parties had compromised their positions and no exceptional circumstances warranted a costs award.