Williston v. Canada

Williston v. Canada

Costs follow the event; no exceptional circumstances justified departure from the norm; the plaintiff's limited means and public interest characterization did not legally warrant reduced costs; the Crown's written offer engaged Rule 420(2)(b); second counsel fees and extended preparation costs were not warranted;...

Source-derived case information.

Citation
2005 FC 934
Parties
Plaintiff: Geraldine M. Williston; Defendant (crown): Her Majesty the Queen in Right of Canada as represented by the Minister of Indian Affairs and Northern Development; Defendant (band): The Chippewas of Rama Indian Band (aka The Chippewas of Mnjikaning First Nation)
Court
Federal Court
Jurisdiction
Canada
Judgment Date
4 July 2005
Procedural Posture
Civil Action (federal Court) / Post Judgment Costs Determination Following Dismissal of Action
Outcome
Action dismissed; plaintiff ordered to pay costs to both defendants.
Legal Topics
Costs Awards, Party and Party Costs, Offers to Settle, Leave to Amend Pleadings, Public Interest Litigation
Source Language
english
Civil Procedure Costs Law Federal Courts Practice Indigenous Law Costs Awards Party and Party Costs Offers to Settle Leave to Amend Pleadings +1 more

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Parties

Geraldine M. Williston

Plaintiff

Her Majesty the Queen in Right of Canada as represented by the Minister of Indian Affairs and Northern Development

Defendant (crown)

The Chippewas of Rama Indian Band (aka The Chippewas of Mnjikaning First Nation)

Defendant (band)

Procedural Posture

Civil Action (federal Court) / Post Judgment Costs Determination Following Dismissal of Action

Legal Issues

  1. 1 Whether costs should follow the event or each party should bear their own costs
  2. 2 Whether the plaintiff's claimed limited means or characterization as public interest litigation justify reduced costs
  3. 3 Whether second counsel fees or extended preparation time should be awarded

Ratio Decidendi

Costs follow the event; no exceptional circumstances justified departure from the norm; the plaintiff's limited means and public interest characterization did not legally warrant reduced costs; the Crown's written offer engaged Rule 420(2)(b); second counsel fees and extended preparation costs were not warranted; aligned defendants merited recognition for shared submissions; accordingly fixed costs were awarded to the defendants: $12,000 to the Crown and $8,000 to the band.

Court Disposition

Action dismissed; plaintiff ordered to pay costs to both defendants.

Orders

  • The plaintiff will pay costs to the defendant Her Majesty the Queen in Right of Canada as represented by the Minister of Indian Affairs and Northern Development in the fixed amount of $12,000 inclusive of disbursements.
  • The plaintiff will pay costs to the defendant The Chippewas of Rama Indian Band (aka The Chippewas of Mnjikaning First Nation) in the fixed amount of $8,000 inclusive of disbursements.