Sahara Douglas

This decision addresses the issue of costs following the release of the Canada RFD Decision in the Fontaine litigation.

The court considered whether the unsuccessful Respondents should be awarded costs, despite not prevailing on the motion.

The court reviewed the parties’ written submissions and the relevant legal principles, ultimately concluding that there were no exceptional circumstances justifying a costs award to the unsuccessful party.

The court declined to order costs of the hearing.

The Attorney General of Canada brought a Request for Direction seeking to summarily dismiss or strike a proceeding known as "Metatawabin RFD #2," which was filed by several St. Anne's Indian Residential School claimants.

The claimants alleged that Canada breached prior court orders by failing to disclose updated Person of Interest reports to individuals whose claims had already been concluded.

The Ontario Superior Court of Justice summarily dismissed and struck the claimants' request, finding that Canada complied with its obligations under the prior orders and was not required to disclose the reports for concluded claims.

Additionally, the court ruled that the claimants' request was time-barred and that certain requested remedies were moot or outside the court's jurisdiction.