COURT FILE NO.: CV-25-0019-00
DATE: 2025-12-09
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Rainy River First Nations and Naicatchewenin First Nation
M. Holervich , for the Applicants/Moving Parties
Applicants/Moving Parties
- and -
Rainy Lake Tribal Resource Management Inc., Couchiching First Nation, Mitaanjigamiing First Nation, Nigigoonsiminikaaning First Nation, Seine River First Nation
D. Sommerville , for the Respondents/Responding Parties
Respondents/Responding Parties
HEARD: in writing
Mr. Justice S.J. Wojciechowski
Decision On Costs
[ 1 ] The respondent, Rainy Lake Tribal Resource Management Inc. (“Rainy Lake TRM”), is a corporation whose shareholders are the applicants, Rainy River First Nations and Naicatchewenin First Nation (collectively “the Applicant FN”), and the respondents, Couchiching First Nation, Mitaanjigamiing First Nation, Nigigoonsiminikaaning First Nation, and Seine River First Nation (collectively “the Respondent FN”).
[ 2 ] On January 14, 2025, the Applicant FN commenced an application against the Respondent FN and Rainy River TRM (“the 2025 Application”). However, the Respondent FN and Rainy River TRM maintained that the 2025 Application was duplicative of another application which was brought by the Applicant FN on June 11, 2019 (“the 2019 Application”).
[ 3 ] In order to address their position, the Respondent FN and Rainy River TRM brought a motion (“Abuse of Process Motion”) seeking a dismissal of the 2019 Application or the 2025 Applicantion due to the position of the Respondent FN and Rainy River TRM that both applications sought the same relief and involved the same parties, and to permit the two to proceed at the same time would be an abuse of process.
[ 4 ] I heard the Abuse of Process Motion of the Respondent FN and Rainy River TRM and delivered a decision dated November 13, 2025, which agreed with the position of the Respondent FN and Rainy River TRM. Accordingly, I dismissed the 2025 Application.
[ 5 ] Before I heard the Abuse of Process Motion of the Respondent FN and Rainy River TRM, the Applicant FN cross examined on an affidavit sworn by Michael Strickland sworn February 19, 2025, which was filed in support of the Abuse of Process Motion. Undertakings and refusals were given at the examination of Michael Strickland, and a motion was heard by Lepere J. which was released on May 13, 2025 (“Refusals Motion”) addressing the undertakings and refusals.
[ 6 ] I have been asked to consider the costs’ implications of the both Refusals Motion and the Abuse of Process Motion.
[ 7 ] In the Refusals Motion, the Respondent FN and Rainy River TRM were largely successful. Two refusals were determined to be inappropriate, and Mr. Strickland was ordered to provide answers to these examination questions. Another 23 questions were ruled to be irrelevant, and Mr. Strickland did not have to answer those questions.
[ 8 ] In the Abuse of Process Motion, the Respondent FN and Rainy River TRM were wholly successful.
[ 9 ] As such, partial indemnity costs in the amount of $5,196.00 are being sought by the Respondent FN and Rainy River TRM for the Refusals Motion. Another $9,064.50 is being requested as partial indemnity costs for the Abuse of Process Motion. In support of its position, the Respondent FN and Rainy River TRM filed a Costs Outline, a Bill of Costs as well as Costs’ Submissions.
[ 10 ] The Applicant FN, in response, filed Costs’ Submissions, but did not file its own Bill of Costs or Costs Outline since it did not dispute the rates charged and the amount of time spent by the Respondent FN and Rainy River TRM as set out in their submissions. Unfortunately, in the Costs’ Submissions of the Applicant FN, the main focus of those submissions is the merits of the position of the Applicant FN in the 2019 Application and the 2025 Application, which are irrelevant to the issues of costs which I have been asked to address.
[ 11 ] In considering the overwhelming success of the Respondent FN and Rainy River TRM in the Refusals Motion and the Abuse of Process Motion, issues of proportionality, and the factors listed in Rule 57.01, I find that it is reasonable for the Applicant FN to pay partial indemnity costs to the Respondent FN and Rainy River TRM in the amount of $15,000 inclusive of disbursements and HST.
[ 12 ] These costs payable by the Applicant FN shall be paid to the Respondent FN and Rainy River TRM within 60 days of the date of this decision, failing which the Respondent FN and Rainy River TRM shall be entitled to bring a motion on notice before me, or any Case Management Judge assigned to this case, seeking the dismissal of the 2019 Application.
The Hon. Mr. Justice S.J. Wojciechowski
Released: December 9, 2025
COURT FILE NO.: CV-25-0019-00
DATE: 2025-12-09
ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: Rainy River First Nations and Naicatchewenin First Nation Applicants/Moving Parties - and – Rainy Lake Tribal Resource Management Inc., Couchiching First Nation, Mitaanjigamiing First Nation, Nigigoonsiminikaaning First Nation, Seine River First Nation Respondents/Responding Parties DECISION ON COSTS Wojciechowski J.
Released: December 9, 2025