DAVID SUZUKI FOUNDATION, FRIENDS OF THE EARTH CANADA, ONTARIO NATURE, v. WILDERNESS, 2019 FC 460

Date: 20190415 Docket: T-1071-16 Citation: 2019 FC 460 Ottawa, Ontario, April 15, 2019 PRESENT: The Honourable Madam Justice McVeigh BETWEEN: DAVID SUZUKI FOUNDATION, FRIENDS OF THE EARTH CANADA, ONTARIO NATURE, AND WILDERNESS COMMITTEE Applicants and ATTORNEY GENERAL OF CANADA, MINISTER OF HEALTH AND SYNGENTA CANADA INC. Respondents JUDGMENT ON COSTS [ 1 ] On April 5, 2019, in David Suzuki Foundation et al v AGC et al , 2019 FC 411 , the Application was dismissed.

The parties were asked to submit correspondence within 7 days of the Judgment and Reasons, with the specifics pertaining to their agreement regarding costs. [ 2 ] Previously, the parties had reached an agreement on lump sum costs and filed it with the Court on November 30, 2018. The parties then jointly submitted a response on April 9, 2019, that addressed the details sought by the Court. The parties had previously filed Bills of Costs ( Nova Chemicals Corp v Dow Chemical Co , 2017 FCA 25 ). The agreement regarding costs is as follows: i .

For the Application, Syngenta Canada Inc. and the Attorney General of Canada will each receive an $8,000.00 lump sum, inclusive of fees, disbursements and taxes; ii . For the mootness motion, Syngenta Canada Inc. will receive a $1,500.00 lump sum, inclusive of fees, disbursements and taxes; iii . The parties to the motions to strike evidence will bear their own costs; and iv .

The Applicants will have 30 days from the date of this Judgment on Costs to make payment. [ 3 ] In exercising my discretion given to me in Federal Courts Rules, SOR/98-106, Rule 400 , and considering the factors to be considered as set out in the Rules, I agree with the parties’ agreement. The lump sum costs are appropriate and just. I thank the parties for reaching the agreement. THIS COURT’S JUDGMENT is that: 1 . Syngenta Canada Inc. and the Attorney General of Canada will each receive an $8,000.00 lump sum, inclusive of fees, disbursements and taxes from the Applicants; 2 .

For the mootness motion, Syngenta Canada Inc. will receive a $1,500.00 lump sum, inclusive of fees, disbursements and taxes from the Applicants; 3 . The parties to the motions to strike evidence will bear their own costs; and 4 . The Applicants will have 30 days from the date of this Judgment on Costs to make payment to the respective Respondents. "Glennys L. McVeigh" Judge