Deimel v Phelps

The matter of Deimel v Phelps involved an application by the respondent for a mining lease. The applicant objected to the application, but subsequently withdrew the objection. The case was referred to the Court for a mining objection hearing. The applicant, who was self-represented, sought an award of costs for time spent on the matter and for lost production, while the respondent argued that the applicant was not entitled to any costs. The Court was required to decide whether the self-represented litigant could be awarded costs for their time and for loss of mine production, and whether the applicant was entitled to any costs for out-of-pocket expenses incurred.

The Court found that the self-represented litigant was not entitled to an award of costs for their time spent on the matter or for loss of mine production, as there was no statutory or common law basis for such an award. However, the Court did award the applicant costs for out-of-pocket expenses incurred where the applicant attended as a potential witness. The Court held that the applicant was entitled to recover these expenses, as they were reasonably incurred and necessary in the circumstances of the case.

In summary, the Court found that while the self-represented litigant was not entitled to an award of costs for their time or for loss of mine production, they were entitled to recover out-of-pocket expenses incurred where they attended as a potential witness. The Court ordered that the objector must pay the applicant the sum of $1,153.83 for reasonable costs necessarily incurred in this case.