Warren K. Winkler

Following a successful application to add two institutions to Schedule “F” of the Indian Residential Schools Settlement Agreement, the moving parties sought legal costs on a full or substantial indemnity basis.

The court interpreted Article 12.01(6) of the Settlement Agreement, which allows Canada to provide requestors with “reasonable legal costs and disbursements.” The court held that this standard is distinct from traditional indemnity scales used in civil procedure and requires reimbursement only for costs reasonably necessary to the application.

After reviewing the accounts, the court excluded certain expenses and reduced amounts where senior counsel performed work that could reasonably have been completed by junior counsel.

The court fixed reasonable legal costs and disbursements accordingly.

A request for direction was brought in relation to the administration of the Indian Residential Schools Settlement Agreement and the use of surplus funds from the Designated Amount Fund.

The parties sought authorization to retain several experts to assist in developing terms and conditions governing the redemption of Personal Credits, which would be issued to eligible claimants if the fund surplus exceeded the threshold set in the settlement.

The court reviewed proposed statements of work and cost estimates for experts retained by Canada, the Assembly of First Nations, Inuit representatives, and a settlement administration expert.

While the court approved the general scope of work, it concluded that certain proposed expenditures by the Assembly of First Nations—specifically costs for an IRS coordinator and national consultations—were unnecessary at that stage.

The court therefore limited the allowable expenditures for that expert and otherwise granted the request for direction.