Sebastian v. Saugeen First Nation

Sebastian v. Saugeen First Nation Court (s) Database Federal Court Decisions Date 2001-04-20 Neutral citation 2001 FCT 359 File numbers T-1158-00 Decision Content Date: 20010420 Docket: T-1158-00 Neutral Citation: 2001FCT 359 Ottawa, Ontario, this 20th day of April, 2001 PRESENT: THE HONOURABLE MR. JUSTICE JOHN A. O'KEEFE BETWEEN: JAMES SEBASTIAN 544282 ONTARIO INC., c.o.b. as HIDEAWAY CAMPGROUND Applicants - and - THE COUNCIL OF THE SAUGEEN FIRST NATION #29 Respondent REASONS FOR ORDER AND ORDER O'KEEFE J. [1] In the order I granted in this matter dated August 4, 2000, I permitted the parties to make written submissions as to costs. Both parties made submissions. [2] I have reviewed the submissions of counsel and I note that the applicants have requested solicitor and client costs in the total amount of $3,378.65. The respondent submits that I should make an award of costs to the applicant "in the cause" or "in any event of the cause". In the alternative, the respondent submits I should make an award of costs fixed in an amount referrable to Tariff B. [3] I am not prepared to award costs to the applicants on a solicitor and client basis but I am prepared to award the applicants its costs of the motion on a party and party basis to be assessed by the assessment officer. ORDER [4] IT IS ORDERED that the applicants be awarded the costs of the motion on a party and party basis to be assessed by the assessment officer. "John A. O'Keefe" J.F.C.C. Ottawa, Ontario April 20, 2001 …