Is there any evidence that the Minister of Justice may be impecunious with respect to an application for a loan?

There is anecdotal evidence that the applicants may be impecunious and that the Minister may be unable, or perhaps even unwilling, to collect. The issue however is indebtedness, not recovery of that indebtedness (Solosky v. Canada, [1977] 1 F.C. 663).

The applicants cite the case of Young v. Young 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3 as authority for the well-known proposition that costs are partially compensatory and are not punitive, except in special circumstances. However, that was a case which dealt with solicitor-client costs. The Minister is not seeking solicitor-client costs, or even enhanced costs on the basis that the case became unduly complex because the applicants resurrected issues going back fifteen years before the decision to impose third party management was made. LIABILITY OF THE BAND