From the submissions that have been made at case management conferences, I expect that the costs that will be incurred in this litigation are likely greater than were contemplated by the parties when the advance costs order was first applied for. The issues in this litigation are complex. The experience in the case of Tsilhqot'in Nation v. Canada (Attorney General), [2005] B.C.J. No. 1732, 2005 BCSC 1139, where an advance costs order has been made, illustrates that litigation of this type can be very lengthy and very expensive. If the trial and preparation consumes more time than expected, which I think is a real possibility, the impact on the public purse will be even more significant.
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