Date:19990224
Docket: T-4178-78
BETWEEN:
JOSEPH APSASSIN, Chief of the Blueberry River Indian Band,
and JERRY ATTACHIE, Chief of the Doig River Band, on behalf
of themselves and all other members of the Doig River Indian
Band, and the Blueberry River Band, and all present descendants
of the Beaver Band of Indians
Plaintiffs
- and -
HER MAJESTY THE QUEEN THE RIGHT OF CANADA as represented
by the Department of Indian Affairs and Northern
Development and Director of the Veterans Land Act
Defendant
REASONS FOR ORDER AND ORDER
HUGESSEN J.
[1] This is a motion brought pursuant to Rule 369 by Doris Ronnenberg et al, claimants in the presently pending proceedings with respect to the proceeds of the judgment of this Court rendered March 2, 1998. The claimants seek an order for the payment now of their legal costs incurred and to be incurred in these proceedings.
[2] The plaintiffs, respondents on the present motion, while opposing the motion, also seek an oral hearing thereof. In my view, the motion is so manifestly forlorn and without hope of success that the ordering of an oral hearing would be a waste of everybody"s time and money.
[3] The judgment of March 2, 1998, amongst other things, prescribed a detailed procedure for the determination of those persons who are entitled to participate in or benefit from the proceeds of the judgment. That procedure is now under way. Nearly 500 person have filed claims. Not one of them has, as yet, been found to have any entitlement to the proceeds of the judgment; that is why they are making their claims. If anyone of them is entitled to have their legal costs paid from the proceeds, then they all are. Those costs are incurred for the very purpose of seeking to establish an entitlement which is, as yet, undetermined.
[4] To the extent that the question of entitlement is determined favourably to one or more of the claimants, the question of the costs of such claimant or claimants, can then be addressed and a determination made as to whether or not such costs may properly be made a charge against the proceeds of the judgment. But to the extent that the question of entitlement may be determined adversely to any claimant, that claimant will be found to have and to have had no rights of any kind whatever in the proceeds of the judgment. I would be grotesque if the costs of such claimants unsuccessful attempt to claim that which was not their due should be charged against those who are entitled to such proceeds. To put the matter another way, the present claimants are seeking to have now a part of the fruits of these very proceedings before those proceedings are determined in the favour. Given the large number of claimants, such an attempt, if successful, would result in the speedy dissipation of the judgment proceeds to persons who may not be entitled thereto.
ORDER
The motion is dismissed.
"James K. Hugessen"
Judge
Ottawa, Ontario, Wednesday, February 24, 1999.