31420-12-1 SAWRIDGE, Indian vs. ROLAND, Twinn et al

F31
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2 Where we look at the L.C. case which is also referred to at paragraph 85, which is a
3 decision of Mr. Justice Graesser, it’s also referred to at Tab 9 where the costs are
4 awarded, and then they were -- it was reversed at Tab 10. So I think it’s important when
5 welook at the L.C. case, in paragraph 85 it refers you to Tab 9, but it’s important to then
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gotoTab 10 to see that basically that case has been overturned.
8 I’m just going to take a few minutes to address some of the oral arguments my friend
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made, and then I’ll be finished. And I don’t want to be repetitious.
11 With respect to the Thomlinson case, my friend made reference to the Thomlinson case
12 which is the case in which there was an application made to have a case go forward and
13 represent anumber of children who were taken into care. And the interesting thing about
14 the Thomlinson case, which we had said in our brief, is that first of all -- first of all, this
15 is dealing with children who were wards of the court and thus parents weren’t involved,
16 but ultimately there was no costs award in the Thomlinson case. The court said they
17 could apply, but that case never went forward. And I think that is telling in the sense that
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the court said you still have to meet the test. You have to come back and apply.
20 THE COURT: Which tab is Thomlinson at? Just refresh my
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memory.
23 MS. BONORA:
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22 of the Public Trustee’s.
25 THE COURT:
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Public Trustee. Yes.
27 MS. BONORA:
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Thank you.
29 THE COURT:
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Just let me -- I just want to look at it again.
31 I just wanted to look at the name of the applicant again. There’s sort of a common string
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in alot of these cases.
34 MS. BONORA:
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Oh, yes. It is.
36 So those, I think I now have addressed anything I wanted to in respect to the oral
37 arguments. And so it is our conclusion that, obviously, that we don’t think there’s
38 necessarily aneed for a litigation representative, but certainly we don’t think the Public
39 Trustee meets the test for advance costs. And thus, if they intend to be involved, then
40 costs can be addressed at the end of the day. And certainly the arguments on behalf of
41 children we believe will be ably made during the course of the main application.