The Yukon Court of Appeal provided supplemental reasons on the issue of costs for this matter. The appellant Ross River Dena Council was awarded costs on scale 1 for the appeal, and Scale B for the trial proceeding. The Court of Appeal held that the appellant had been substantially successful at the appeal in relation to the question of whether the Crown could satisfy its duty to consult by simply notifying the appellants after mining claims were recorded. (The December 2012 decision was summarized in our e-Newsletter of 18 January 2013).

The Court of Appeal dismissed the argument of Ross River that it should be entitled to costs at the highest scale. The Court was not persuaded that the case was “particularly complex” or (despite the reaction of some legal commentators) that “it breaks substantial new legal ground”. Costs at the ordinary scale were appropriate for both levels of the proceeding.

Decisions available here.

Other Author

Kenneth J. Tyler


Indigenous Law