Stephanie Rose Figliomeni

This costs endorsement follows the dismissal of appeals by the Attorney General of Ontario, His Majesty the King in Right of Ontario, the Town of South Bruce Peninsula, Alberta Lemon, and the Estate of Barbara Twining, and the allowance of the cross-appeal by the Attorney General of Canada and His Majesty the King in Right of Canada.

The Court orders the Town and the Families to pay costs to the Chippewas of Saugeen First Nation and the Town to pay costs to Canada, finding the amounts sought reasonable in light of the complexity and significance of the appeal.

The Chippewas of Saugeen First Nation, having been entirely successful in the liability phase of a bifurcated proceeding concerning the status of the "Disputed Beach" as reserve land, sought costs.

This endorsement addresses the costs awards and apportionment among the multiple defendants.

The court awarded Saugeen their costs on a partial indemnity scale, totaling $3,221,802.54, on a joint and several liability basis.

These costs were apportioned for indemnification purposes among Canada (10%), Ontario (40%), and the Town of South Bruce Peninsula (50%).

Additionally, the court granted Canada a Sanderson order, requiring the Town to pay Canada $470,000 in partial indemnity costs, recognizing Canada's success on the essential issue of the reserve boundary location.

The Town's claim for costs against Canada was dismissed.

This decision provides supplementary reasons for judgment in a land claim case.

Following an earlier declaration that a substantial portion of Sauble Beach was reserved for the sole use and benefit of the Chippewas of Saugeen First Nation and forms part of Saugeen Indian Reserve No. 29, the court considered whether to grant a life interest in certain 'Disputed Lots' to current family title owners (Landowners).

The Chippewas of Saugeen First Nation and Canada opposed this.

The court determined it lacked jurisdiction to impose a proprietary interest contrary to the Indian Act and Constitution Act, as reserve land is inalienable.

It also found that granting such an interest would not advance reconciliation.

Consequently, the temporary delay in the original declaration that no third parties have an interest in the land was terminated, making the declaration effective immediately.

The 12th Case Management Conference addressed the timetable for expert reports and pleading amendments in a complex Indigenous litigation.

The Plaintiff sought a simultaneous exchange of expert reports, arguing for procedural reciprocity and efficiency.

The Defendants advocated for a sequential timetable, asserting it would allow them to better understand and respond to the Plaintiff's case, aligning with common practice in similar complex litigation.

The court adopted the Defendants' sequential timetable for expert reports, finding no basis to deviate from established practice in complex land claims.

The court also granted leave for the Plaintiff to amend its Statement of Claim, with the formal filing deferred due to COVID-19 court closures.

The 11th Case Management Conference addressed the trial process and timetable for a complex action involving historic evidence.

The parties agreed to a bifurcated trial but disagreed on the degree of bifurcation.

The plaintiff proposed a four-phase structure (two liability, two remedies/crossclaims), while the defendants proposed a two-phase structure (all liability in Phase 1, all remedies/crossclaims in Phase 2).

The court adopted the two-phase structure, finding it more efficient and less prone to inconsistencies, while reserving the right for parties to seek further refinement at the pre-trial stage.

A detailed timetable for pleadings, discovery, and documentary production was also established to keep the action on track for a 2022 trial.

The defendants, Her Majesty the Queen in the Right of Ontario and the Attorney General of Canada, successfully moved to strike the plaintiffs' action as res judicata and an abuse of process.

In this costs endorsement, the plaintiffs argued for an exemption from costs as public interest litigants.

The court rejected this argument, finding the action was primarily intended to prevent regulatory charges from being heard, was substantially similar to previous actions, and therefore constituted an abuse of process not in the public interest.

The court applied the five factors from *St. James Preservation Society* and the criteria from *Incredible Electronics Inc.* to determine that the plaintiffs did not qualify as public interest litigants.

Costs were awarded to Ontario and Canada.

The defendants, Her Majesty the Queen in Right of Ontario and the Attorney General of Canada, moved to strike the plaintiffs' action as an abuse of process and res judicata.

The court found the action was substantially similar to two prior dismissed proceedings and was primarily intended to delay regulatory hunting and fishing prosecutions against the individual plaintiffs.

The court determined that constitutional issues related to the prosecutions should be raised in the Ontario Court of Justice, and other land claims could be pursued in a separate, ongoing action (17-71837).

The motion to strike was granted.

The appellants, owners of a residential property in Caledon, Ontario, appealed a decision dismissing their application against the Ontario Heritage Trust and a local resident.

The appellants' property is accessible only via a 1 km driveway through parkland owned by the OHT, over which they hold an easement for ingress and egress.

The appellants claimed the easement granted them exclusive use of the driveway and sought to prevent public access by hikers using trails on the OHT property.

The court upheld the lower court's decision, finding that the deed of easement did not grant exclusive use, that public use by hikers did not substantially interfere with the appellants' easement rights, and that an injunction against the publication of a hiking guide was not warranted.

The applicants sought a declaration of exclusive use over a right-of-way (ROW) connected to their property and permanent injunctions against the Ontario Heritage Trust (OHT) and Nicola Ross.

The OHT, as the servient tenement owner, permitted public access to the ROW, which also served as access to the Bruce Trail.

The court dismissed the application, finding that the easement did not grant exclusive use to the applicants and that there was no substantial interference with their rights.

The court also found the applicants lacked "clean hands" due to misleading evidence and dismissed the injunction claim against Ms. Ross, noting her statements were consistent with OHT's position and not made with malice.