The First Nation of Nacho Nyak Dun v. Yukon

The First Nation of Nacho Nyak Dun v. Yukon

The Court accepted the parties' agreement that each party will bear their own costs of the appeal and awarded the plaintiffs in the trial court 75% of their costs as assessed by that Court or agreed by the parties.

Citation
2016 YKCA 8
Parties
Respondent (plaintiff): The First Nation of Nacho Nyak Dun; Respondent (plaintiff): The Tr'ondëk Hwëch'in; Respondent (plaintiff): Yukon Chapter-Canadian Parks and Wilderness Society; Respondent (plaintiff): Yukon Conservation Society; Respondent (plaintiff): Gill Cracknell; Respondent (plaintiff): Karen Baltgailis; Respondent (plaintiff): The Vuntut Gwitchin First Nation; Appellant (defendant): Government of Yukon; Intervenor: The Gwich'in Tribal Council
Court
Yukon Court of Appeal
Jurisdiction
Canada
Judgment Date
20 June 2016
Procedural Posture
Appeal / Supplementary Reasons on Costs
Outcome
Each party to bear their own costs of the appeal; plaintiffs in the trial court awarded 75% of their costs as assessed by that Court or agreed by the parties.
Legal Topics
Costs, Costs Assessment, Appeal
Source Language
English
Civil Procedure Indigenous Law Administrative Law Costs Costs Assessment Appeal

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Parties

The First Nation of Nacho Nyak Dun

Respondent (plaintiff)

The Tr'ondëk Hwëch'in

Respondent (plaintiff)

Yukon Chapter-Canadian Parks and Wilderness Society

Respondent (plaintiff)

Yukon Conservation Society

Respondent (plaintiff)

Gill Cracknell

Respondent (plaintiff)

Karen Baltgailis

Respondent (plaintiff)

The Vuntut Gwitchin First Nation

Respondent (plaintiff)

Government of Yukon

Appellant (defendant)

The Gwich'in Tribal Council

Intervenor

Procedural Posture

Appeal / Supplementary Reasons on Costs

Legal Issues

  1. 1 Whether costs should be awarded in relation to the appeal
  2. 2 What quantum of costs should be awarded to the plaintiffs of the trial court
  3. 3 Whether parties' agreement on costs should be adopted by the Court

Ratio Decidendi

The Court accepted the parties' agreement that each party will bear their own costs of the appeal and awarded the plaintiffs in the trial court 75% of their costs as assessed by that Court or agreed by the parties.

Court Disposition

Each party to bear their own costs of the appeal; plaintiffs in the trial court awarded 75% of their costs as assessed by that Court or agreed by the parties.

Orders

  • Each party shall bear their own costs of the appeal.
  • The plaintiffs in the trial court are awarded 75% of their costs as assessed by that Court or agreed to by the parties.