Hiawatha First Nation v. Cowie

Hiawatha First Nation v. Cowie

The injunction was wrongly granted because a band council resolution does not have the force of a bylaw under the Indian Act; appellants succeeded on appeal and, assessing conduct under Rule 57, the costs award for the applications below was reduced to $117,500 all-inclusive.

Citation
2024 ONCA 590
Parties
Applicant (respondent/ Appellant by Way of Cross Appeal): Hiawatha First Nation; Respondents (appellants/ Respondents by Way of Cross Appeal): Gregory Cowie, Georgina Rogers and Laurel Shearer
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
24 July 2024
Procedural Posture
Civil / Appeal (costs Endorsement)
Outcome
Appeal allowed in part; injunction set aside; no costs ordered for the appeal; costs of the applications below reduced to $117,500 in favour of Hiawatha First Nation.
Legal Topics
Land Code, Band Council Resolution, Injunctions, Costs, Certificates of Possession, Indian Act
Source Language
English
Aboriginal Law Civil Procedure Property Law Administrative Law Land Code Band Council Resolution Injunctions Costs +2 more

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Parties

Hiawatha First Nation

Applicant (respondent/ Appellant by Way of Cross Appeal)

Gregory Cowie, Georgina Rogers and Laurel Shearer

Respondents (appellants/ Respondents by Way of Cross Appeal)

Procedural Posture

Civil / Appeal (costs Endorsement)

Legal Issues

  1. 1 Whether a band council resolution has the force of a bylaw under the Indian Act
  2. 2 Whether the injunction prohibiting construction was properly granted
  3. 3 Whether the successful party is entitled to costs and the appropriate quantum

Ratio Decidendi

The injunction was wrongly granted because a band council resolution does not have the force of a bylaw under the Indian Act; appellants succeeded on appeal and, assessing conduct under Rule 57, the costs award for the applications below was reduced to $117,500 all-inclusive.

Court Disposition

Appeal allowed in part; injunction set aside; no costs ordered for the appeal; costs of the applications below reduced to $117,500 in favour of Hiawatha First Nation.

Orders

  • Injunction granted by the application judge set aside
  • No costs awarded for the appeal