Frontenac Ventures Corporation v. Ardoch Algonquin First Nation
The Court exercised its discretion to award the successful appellants costs of the appeal fixed at $50,000 inclusive of disbursements and G.S.T., allocating $40,000 to be paid by Frontenac Ventures Corporation and $10,000 to be paid by Her Majesty the Queen in Right of Ontario because the Crown's conduct in the...
Source-derived case information.
- Citation
- 2008 ONCA 621
- Parties
- Plaintiff (respondent in Appeal): Frontenac Ventures Corporation; Defendant (respondent in Appeal); Appellant (respondent on Contempt Motion): Ardoch Algonquin First Nation; Respondent on Contempt Motion (appellant): Robert Lovelace; Respondent on Contempt Motion (appellant): Paula Sherman; Respondent: Her Majesty the Queen in Right of Ontario; Intervener: Nishnawbe Aski Nation; Intervener: Native Women’s Association of Canada
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 11 September 2008
- Procedural Posture
- Civil / Appeal From the Sentences Imposed by J. Douglas Cunningham A.c.j.s.c. on February 15, 2008.
- Outcome
- Appellants awarded costs of the appeal fixed at $50,000 inclusive of disbursements and G.S.T.; Frontenac Ventures Corporation to pay $40,000 and Her Majesty the Queen in Right of Ontario to pay $10,000.
- Legal Topics
- Costs, Sentencing, Contempt, Intervention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Frontenac Ventures Corporation
Plaintiff (respondent in Appeal)
Ardoch Algonquin First Nation
Defendant (respondent in Appeal); Appellant (respondent on Contempt Motion)
Robert Lovelace
Respondent on Contempt Motion (appellant)
Paula Sherman
Respondent on Contempt Motion (appellant)
Her Majesty the Queen in Right of Ontario
Respondent
Nishnawbe Aski Nation
Intervener
Native Women’s Association of Canada
Intervener
Procedural Posture
Civil / Appeal From the Sentences Imposed by J. Douglas Cunningham A.c.j.s.c. on February 15, 2008.
Legal Issues
- 1 Whether the appellants are entitled to costs of the appeal
- 2 Appropriate quantum of costs on the appeal
- 3 Whether the Crown should be ordered to contribute to costs despite ultimately adopting the appellants' position
Ratio Decidendi
The Court exercised its discretion to award the successful appellants costs of the appeal fixed at $50,000 inclusive of disbursements and G.S.T., allocating $40,000 to be paid by Frontenac Ventures Corporation and $10,000 to be paid by Her Majesty the Queen in Right of Ontario because the Crown's conduct in the original proceedings substantially contributed to the need for the appeal despite the Crown's later concurrence with the appellate outcome.
Court Disposition
Appellants awarded costs of the appeal fixed at $50,000 inclusive of disbursements and G.S.T.; Frontenac Ventures Corporation to pay $40,000 and Her Majesty the Queen in Right of Ontario to pay $10,000.
Orders
- The appellants are entitled to their costs of the appeal fixed at $50,000 inclusive of disbursements and G.S.T.
- The respondent Frontenac Ventures Corporation shall pay $40,000 and the respondent Her Majesty the Queen in right of Ontario shall pay $10,000.
Full Case Text
Judgment text and source record
1 paragraphs
Frontenac Ventures Corporation v. Ardoch Algonquin First Nation Collection Decisions of the Court of Appeal Date 2008-09-11 Neutral citation 2008 ONCA 621 Docket numbers C48642 Judges Rosenberg, Marc; Feldman, Kathryn N.; MacPherson, James C. Subject Civil Decision Content CITATION: Frontenac Ventures Corporation v. Ardoch Algonquin First Nation, 2008 ONCA 621 DATE: 20080911 DOCKET: C48642 COURT OF APPEAL FOR ONTARIO ROSENBERG, FELDMAN and MACPHERSON JJ.A. BETWEEN: FRONTENAC VENTURES CORPORATION Plaintiff (Respondent in Appeal) and ARDOCH ALGONQUIN FIRST NATION, SHABOT OBAADJIWAN FIRST NATION, ROBERT LOVELACE, PAULA SHERMAN, DOREEN DAVIS, RANDY COTA, HAROLD PERRY, JANE DOE, JOHN DOE and PERSONS UNKNOWN and HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO Defendants (Respondent in Appeal) and ARDOCH ALGONQUIN FIRST NATION, SHABOT OBAADJIWAN FIRST NATION, ROBERT LOVELACE, PAULA SHERMAN, DOREEN DAVIS, HAROLD PERRY, EARL BADOUR SR., FRANK MORRISON, DAVID MILNE, JOHN HUDSON, JANE DOE, JOHN DOE and PERSONS UNKNOWN Respondents on Contempt Motion (Appellants) Christopher Reid and Sarah Dover for the appellants Ardoch Algonquin First Nation, Robert Lovelace and Paula Sherman Neil J. Smitheman and Tracy A. Pratt for the respondent Frontenac Ventures Corporation Malliha Wilson, E. Ria Tzimas and Tamara Barclay for the respondent Her Majesty the Queen in Right of Ontario Julian N. Falconer and Kimberly R. Murray for the intervener Nishnawbe Aski Nation Mary Eberts for the intervener Native Women’s Association of Canada Heard: May 28, 2008 On appeal from the sentences imposed by J. Douglas Cunningham A.C.J.S.C. on February 15, 2008. ENDORSEMENT [1] We have received costs submissions from the parties. The appellants are entitled to their costs of the appeal fixed at $50,000 inclusive of disbursements and G.S.T. [2] The respondent Frontenac Ventures Corporation should pay $40,000 and the respondent Her Majesty the Queen in right of Ontario should pay $10,000. The latter respondent should pay costs because, although its position on the appeal ultimately was that the appeal should be allowed and the sentences reduced, its position throughout the original contempt and sentencing hearings was instrumental in leading to the appeal. “M. Rosenberg J.A.” “K. Feldman J.A.” “J.C. MacPherson J.A.”