ST. Mary's Indian Band v. Cranbrook (City), [1997] 2 SCR 678

St. Mary’s Indian Band v. Cranbrook (City), [1997] 2 S.C.R. 678

St. Mary’s Indian Band and St. Mary’s Indian Band Council     Appellants

v.

The Corporation of the City of Cranbrook                                       Respondent

and

The Attorney General of Canada                                                     Intervener

Indexed as:  St. Mary’s Indian Band v. Cranbrook (City)

File No.:  24946.

1997:  September 23.

Present:  Lamer C.J. and La Forest, L’Heureux‑Dubé, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ.

re‑hearing on issue of costs

Costs ‑‑ Costs not awarded in original judgment ‑‑ Re‑hearing sought to determine issue of costs ‑‑ Extension of time granted for making application for re‑hearing ‑‑ Re‑hearing granted ‑‑ Costs awarded at re‑hearing.

RE‑HEARING on issue of costs of an appeal heard by the Supreme Court of Canada, [1997] 2 S.C.R. 657.  Costs awarded.

Written submissions only by John L. Finlay, for the appellants.

Written submissions only by Nancy Brooks, for the respondent.

The judgment of the Court was delivered by

1                 The Chief Justice -- The application for extension of time and the application for re‑hearing are granted.  Costs are awarded to the respondent, City of Cranbrook, on the appeal, [1997] 2 S.C.R. 657, and on the application to extend time and for re‑hearing.

Judgment accordingly.

Solicitors for the appellants:  Arvay, Finlay, Victoria.

Solicitors for the respondent:  MacKenzie, Murdy & McAllister, Vancouver.