Practice
Costs
Motion for interim, advanced costs order with respect to action commenced in 1985 pertaining to interference with plaintiffs’ alleged Aboriginal right to fish through destruction of natural fishery—Requirements for such order (impecuniosity, merit, public interest, other relevant factors, special circumstances), set out by Supreme Court of Canada, considered, applied—Present instance one of those rare, exceptional cases where justice requiring plaintiffs benefit from some sort of interim costs order—Parties asked to submit joint or opposing proposals of such order—Motion granted.
Hagwilget Indian Band v. Canada (Minister of Indian Affairs and Northern Development) (T-363-85, 2008 FC 574,Hugessen J., order dated May 2, 2008, 20 pp.)