Court File and Parties

Court File No.: A-12956-16 Date: 2016-05-18 Ontario Superior Court of Justice

Between:

ART PETAHTEGOOSE, and CLYDE MCNICHOL Applicants – and – BARBARA RONSON MCNICHOL, and CAMP EAGLE NEST Applicants – and – All SUSTAINABLE FOREST LICENCE HOLDERS known as EACOM TIMBER CORPORATION, NORTHSHORE FOREST INC., and VERMILION FOREST MANAGEMENT COMPANY LTD. Respondents MINISTER OF INDIGENOUS AND NORTHERN AFFAIRS CANADA Respondent MINISTER OF NATURAL RESOURCES AND FORESTRY ONTARIO Respondent

Counsel: A. Petahtegoose, Applicant, in person C. McNichol, Applicant, in person B. Ronson McNichol, Applicant, in person

P. David McCutcheon/M. Saunders, Counsel for the Respondents, EACOM Timber Corporation, Northshore Forest Inc., and Vermilion Forest Management Company Ltd. C. Lindsay, Counsel for the Respondent, Minister of Indigenous and Northern Affairs Canada C. Perruzza/J. Claydon, Counsel for the Respondent, Minister of Natural Resources and Forestry Ontario

Heard: Written Submissions

Justice E. Gareau

Decision on Costs

[1] On April 12, 2016 I released a written decision with respect to the motion for an interlocutory injunction brought by the applicants.

[2] As set out in my reasons, that motion was dismissed. At paragraph 62 of my reasons I invited written submissions on costs to be delivered within 30 days of my reasons, if costs were in issue.

[3] I have received an indication for the solicitor for the Respondents, EACOM Timber Corporation, Northshore Forest Inc. and Vermillion Forest Management Company Ltd. that those parties are not seeking costs of the motion. There has been no indication from counsel for the two Ministries named as respondents that they are seeking costs on the motion. The applicants have forwarded to the court a document titled “Costs Request from the Applicants” in which the applicants ask that no costs be ordered against them with respect to the motion for an injunction.

[4] Given these facts, there will be an order that the parties bear their own costs with respect to the motion for an interlocutory injunction brought by the applicants and heard on March 24, 2016.

Justice E. Gareau

Released: May 18, 2016