Salt River First Nation 195 v. Marie

Salt River First Nation 195 v. Marie

Because the Applicants did not file materials to challenge the bill and the assessment officer may only disallow unlawful items outside the judgment or tariff, the assessment officer examined the bill within those parameters and found the total claimed to be reasonable and allowable; the bill was assessed and allowed in the amount of $6,902.50.

Citation
2007 FC 1043
Parties
Applicants (councillors of the Salt River First Nation 195): Melvin Wanderingspirit; Delphine Beaulieu; Toni Heron; Raymond Beaver; Sonny McDonald; Respondent (chief): Victor Marie; Respondent (band Council Member): Norman Starr; Respondent: Nora Beaver; Respondent: David Gowans; Respondent: Connie Benwell; Respondent: Michel Bjornson; Respondent (purported Band Councillor): Harvey Lepine; Respondent: Don Tourangeau; Respondent (interim Band Manager): Jeannie Marie-Jewell
Court
Federal Court
Jurisdiction
Canada
Judgment Date
9 October 2007
Procedural Posture
Motion for Contempt and Assessment of Costs / Assessment of Costs (written Reasons)
Outcome
Assessment allowed; Respondent Harvey Lepine awarded assessed costs.
Legal Topics
Contempt, Assessment of Costs, Assessment Officer Impartiality, Tariff Limits
Source Language
English
Civil Procedure Costs Indigenous (band) Governance Administrative Law Contempt Assessment of Costs Assessment Officer Impartiality Tariff Limits

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Parties

Melvin Wanderingspirit; Delphine Beaulieu; Toni Heron; Raymond Beaver; Sonny McDonald

Applicants (councillors of the Salt River First Nation 195)

Victor Marie

Respondent (chief)

Norman Starr

Respondent (band Council Member)

Nora Beaver

Respondent

David Gowans

Respondent

Connie Benwell

Respondent

Michel Bjornson

Respondent

Harvey Lepine

Respondent (purported Band Councillor)

Don Tourangeau

Respondent

Jeannie Marie-Jewell

Respondent (interim Band Manager)

Procedural Posture

Motion for Contempt and Assessment of Costs / Assessment of Costs (written Reasons)

Legal Issues

  1. 1 Whether certain respondents were in contempt of court
  2. 2 Whether Respondent Harvey Lepine was entitled to the claimed costs
  3. 3 Whether an assessment officer may act as an advocate absent responsive materials from the opposing party

Ratio Decidendi

Because the Applicants did not file materials to challenge the bill and the assessment officer may only disallow unlawful items outside the judgment or tariff, the assessment officer examined the bill within those parameters and found the total claimed to be reasonable and allowable; the bill was assessed and allowed in the amount of $6,902.50.

Court Disposition

Assessment allowed; Respondent Harvey Lepine awarded assessed costs.

Orders

  • The bill of costs submitted by Respondent Harvey Lepine is assessed and allowed in the amount of $6,902.50.