Stephanie Rose Figliomeni

Following the dismissal of an application for judicial review concerning the duty to consult on a wind farm project, the successful respondents sought costs.

The court noted the complexity of the issue, the significant financial stakes of the $240 million project, and the applicant's 15-month delay in commencing the application.

The court awarded costs of $50,000 plus disbursements and HST to each of the two respondent groups, while the respondent Minister did not seek costs.

The applicants brought a motion to strike portions of the respondents' affidavits filed in a pending application regarding a right of way dispute and defamation claims.

The applicants argued the impugned paragraphs contained irrelevant, prejudicial, and hearsay evidence.

The court dismissed the motion, finding that the evidence was either withdrawn from objection by the applicants or was admissible as it went to the respondents' state of mind, responded directly to issues raised by the applicants, or provided relevant narrative history rather than being offered for the truth of its contents.

A junior mining company sued Ontario for damages after its relationship with a First Nation collapsed and its exploration program stalled.

The plaintiff argued that the Crown's constitutional duty to consult and related obligations under the Mining Act extended to protect the company as a third-party mining claimant.

The court held that the honour of the Crown and any associated fiduciary or consultation duties run to Indigenous communities, not to mining proponents, and do not create an enforceable private law duty of care in favour of the plaintiff.

Applying the Anns/Cooper framework, the court further found that neither the legislative scheme nor the limited interactions between the parties established sufficient proximity.

The action was dismissed.