Keewatin v. Ontario (Natural Resources)

Keewatin v. Ontario (Natural Resources)

The chambers judge approved the proposed draft order including para.7 because it corresponded with the Court of Appeal's usual practice regarding intervener costs and there were no submissions to justify a different order.

Source-derived case information.

Citation
2012 ONCA 891
Parties
Plaintiffs (respondents): Andrew Keewatin Jr. and Joseph William Fobister on their own behalf and on behalf of all other members of Grassy Narrows First Nation; Defendant (appellant): Minister of Natural Resources; Defendant (appellant): Resolute FP Canada Inc. (formerly Abitibi-Consolidated Inc.); Third Party (appellant): The Attorney General of Canada; Intervener: Goldcorp Inc.; Intervener: Ermineskin First Nation et al; Intervener: Grand Council Treaty 3; Intervener: Wabauskang First Nation and Big Grassy First Nation; Intervener: Lac Seul First Nation
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
17 December 2012
Procedural Posture
Civil / Court of Appeal (in Chambers) Interlocutory (intervener Status)
Outcome
The chambers judge approved the draft order submitted by Mr. Janes including para.7 stating interveners are not entitled to costs nor liable for costs.
Legal Topics
Intervener Status, Costs Order, Intervener Costs Immunity, Court of Appeal Procedure
Source Language
english
Civil Procedure Aboriginal Law Costs Intervener Status Costs Order Intervener Costs Immunity Court of Appeal Procedure

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Parties

Andrew Keewatin Jr. and Joseph William Fobister on their own behalf and on behalf of all other members of Grassy Narrows First Nation

Plaintiffs (respondents)

Minister of Natural Resources

Defendant (appellant)

Resolute FP Canada Inc. (formerly Abitibi-Consolidated Inc.)

Defendant (appellant)

The Attorney General of Canada

Third Party (appellant)

Goldcorp Inc.

Intervener

Ermineskin First Nation et al

Intervener

Grand Council Treaty 3

Intervener

Wabauskang First Nation and Big Grassy First Nation

Intervener

Lac Seul First Nation

Intervener

Procedural Posture

Civil / Court of Appeal (in Chambers) Interlocutory (intervener Status)

Legal Issues

  1. 1 Whether the draft order regarding intervener status should be approved
  2. 2 Whether interveners should be entitled to costs or liable for costs of the appeals

Ratio Decidendi

The chambers judge approved the proposed draft order including para.7 because it corresponded with the Court of Appeal's usual practice regarding intervener costs and there were no submissions to justify a different order.

Court Disposition

The chambers judge approved the draft order submitted by Mr. Janes including para.7 stating interveners are not entitled to costs nor liable for costs.

Orders

  • The draft order submitted by Mr. Janes is approved.
  • Paragraph 7 of the approved order: the intervener parties and intervener friends of the court shall not be entitled to seek costs or be liable for costs of the appeals.