Sga'Nisim Sim'Augit (Chief Mountain) et al. v. Canada (Attorney General) et al., [2012] B.C.T.C. Uned. 1152

JurisdictionBritish Columbia
JudgeC.L. Smith, J.
CourtSupreme Court of British Columbia (Canada)
Subject MatterPRACTICE
Citation[2012] B.C.T.C. Uned. 1152,[2012] B.C.T.C. Uned. 1152 (SC),2012 BCSC 1152
Date01 August 2012
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4 practice notes
  • Gagne et al. v. Sharpe et al., [2015] B.C.T.C. Uned. 154
    • Canada
    • British Columbia Supreme Court of British Columbia (Canada)
    • February 5, 2015
    ...litigation, but a private party defending its private interests. Rio Tinto relies on Chief Mountain v. Canada (Attorney General), 2012 BCSC 1152, for the proposition that special considerations should inform a public interest costs award where private parties are involved. Rio Tinto cites p......
  • Sga'nisim Sim'augit (Chief Mountain) et al. v. Canada (Attorney General) et al., 2013 BCCA 301
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • June 6, 2013
    ...judgment were delivered by the court on June 27, 2013. Introduction [1] By the Court : The appellants appeal from an order, indexed at 2012 BCSC 1152, requiring them to pay two-thirds of the costs on a party-party basis of the Nisga'a Nation resulting from the dismissal of their action chal......
  • Private Parties Not Liable For Public Interest Costs
    • Canada
    • Mondaq Canada
    • May 29, 2015
    ...capacity to bear the costs of the proceeding was not a determinative factor. Relying on Chief Mountain v. Canada (Attorney General), 2012 BCSC 1152, Rio Tinto submitted that as a private party defending its private interests, the burden on the petitioners was even higher than the already hi......
  • Private Parties Not Liable For Public Interest Costs
    • Canada
    • Mondaq Canada
    • July 13, 2015
    ...capacity to bear the costs of the proceeding was not a determinative factor. Relying on Chief Mountain v. Canada (Attorney General ), 2012 BCSC 1152, Rio Tinto submitted that as a private party defending its private interests, the burden on the petitioners was even higher than the already h......
2 cases
  • Gagne et al. v. Sharpe et al., [2015] B.C.T.C. Uned. 154
    • Canada
    • British Columbia Supreme Court of British Columbia (Canada)
    • February 5, 2015
    ...litigation, but a private party defending its private interests. Rio Tinto relies on Chief Mountain v. Canada (Attorney General), 2012 BCSC 1152, for the proposition that special considerations should inform a public interest costs award where private parties are involved. Rio Tinto cites p......
  • Sga'nisim Sim'augit (Chief Mountain) et al. v. Canada (Attorney General) et al., 2013 BCCA 301
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • June 6, 2013
    ...judgment were delivered by the court on June 27, 2013. Introduction [1] By the Court : The appellants appeal from an order, indexed at 2012 BCSC 1152, requiring them to pay two-thirds of the costs on a party-party basis of the Nisga'a Nation resulting from the dismissal of their action chal......
2 firm's commentaries
  • Private Parties Not Liable For Public Interest Costs
    • Canada
    • Mondaq Canada
    • May 29, 2015
    ...capacity to bear the costs of the proceeding was not a determinative factor. Relying on Chief Mountain v. Canada (Attorney General), 2012 BCSC 1152, Rio Tinto submitted that as a private party defending its private interests, the burden on the petitioners was even higher than the already hi......
  • Private Parties Not Liable For Public Interest Costs
    • Canada
    • Mondaq Canada
    • July 13, 2015
    ...capacity to bear the costs of the proceeding was not a determinative factor. Relying on Chief Mountain v. Canada (Attorney General ), 2012 BCSC 1152, Rio Tinto submitted that as a private party defending its private interests, the burden on the petitioners was even higher than the already h......

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