St. Mary's Indian Band v. Cranbrook (City), [1997] 2 S.C.R. 678



St. Mary's Indian Band and St. Mary's Indian Band Council Appellants



v.



The Corporation of the City of Cranbrook Respondent



and



The Attorney General of Canada Intervener



Indexed as:  St. Mary's Indian Band v. Cranbrook (City)



File No.:  24946.



1997: September 23.



Present:  Lamer C.J. and La Forest, L'Heureux-Dubé, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ.



re-hearing on issue of costs



Costs -- Costs not awarded in original judgment -- Re-hearing sought to determine issue of costs -- Extension of time granted for making application for re-hearing -- Re-hearing granted -- Costs awarded at re-hearing.



RE-HEARING on issue of costs of an appeal heard by the Supreme Court of Canada, [1997] 2 S.C.R. 657. Costs awarded.



Written submissions only by John L. Finlay, for the appellants.



Written submissions only by Nancy Brooks, for the respondent.



The judgment of the Court was delivered by



1 The Chief Justice -- The application for extension of time and the application for re-hearing are granted. Costs are awarded to the respondent, City of Cranbrook, on the appeal, [1997] 2 S.C.R. 657, and on the application to extend time and for re-hearing.



Judgment accordingly.



Solicitors for the appellants:  Arvay, Finlay, Victoria.



Solicitors for the respondent:  MacKenzie, Murdy & McAllister, Vancouver.