Apsassin v. Yahey

canada, canadian, case law, court opinion, canlii, fct, 2026canlii89925, 2026 canlii 89925 (fc), 2026, canlii, 89925, (fc), t-857-24, 2026, procedure, costs, solicitor, client costs, federal court rules, sor 98, 106, r. 400(1), 400(3), whether solicitor, client costs warranted for “reprehensible, scandalous or outrageous” litigation conduct, respondent councillors’ governance conduct unreasonable but litigation conduct below threshold, solicitor, client costs refused, procedure, costs, tariff b and lump sum costs, federal court rules, sor 98, 106, r. 407, tariff b, whalen v fort mcmurray no. 468 first nation, 2019 fc 1119, whether tariff b assessment inadequate and elevated lump sum warranted, first nations governance dispute, public, interest declaratory relief, resource imbalance, elevated lump sum awarded, procedure, costs, quantum and percentage, whalen v fort mcmurray no. 468 first nation, 2019 fc 1119, nova chemicals corporation v dow chemical company, 2017 fca 25, what lump sum percentage appropriate within the 25% to 50% range, procedural obstruction, failure to file ctr, adverse inferences, modest complex nature, lump sum fixed at 33% of actual costs, procedure, costs, costs to aligned supporting party, federal court rules, sor 98, 106, r. 400(1), bacon st, onge v conseil des innus de pessamit, 2019 fc 794, whether a respondent who formally aligned with the successful party should receive costs, baseline entitlement recognised, but substantial indemnity rejected due to reciprocal wrongdoing allegations, costs capped at $2,500