Date: 20001027
Docket: T-49-99
BETWEEN:
DOROTHY A. HUYCK ET AL. and
ROBERT B. LYMAN & MARGARET M. LYMAN ET AL.
(on behalf of a number of residents in Musqueam and Salish Parks),
Applicants,
AND:
THE MUSQUEAM INDIAN BAND,
ASSESSOR FOR THE MUSQUEAM INDIAN BAND and
DR. J. KESSELMAN,
Respondents,
AND:
THE MUSQUEAM INDIAN BAND BOARD OF REVIEW,
Intervenor.
REASONS FOR ORDER
NADON J.
[1] After careful consideration of the submissions made by counsel on the issue of costs, I have come to the following conclusion: the Band shall have its costs and no costs shall be payable to the Assessor for the Band.
[2] Although I criticized the Band for not divulging Mr. Fast's letter of February 19, 1998, and the reasons for the resignation of Board members, I also held that the applicants had waived their right to raise the issue of non-disclosure as a ground of reasonable apprehension of bias.
[3] Since the Band was successful in its defence, I see no reason why it ought to be deprived of its costs.
[4] With respect to the Assessor, I agree with the submissions put forward by Ms. Poyner to the effect that the applicants should not be ordered to pay costs to the Assessor. There shall, therefore, be no costs payable to the Assessor.
Marc Nadon
JUDGE
O T T A W A, Ontario
October 27, 2000.
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