Yellowknife (Mar 29/06) - A court of appeal judge has ruled defendants in the 2004 Giant Mine civil trial case must pay up now and not wait for the court to decide on their appeals.

In December 2004, families of those killed in the 1992 mine bombing and miner Jim O'Neil were awarded more than $12.2 million. The amount has climbed to $17 million due to accumulated interest and $3.7 million in court costs.

Several defendants, including the mine’s former owner, Royal Oak Ventures have since appealed the decision, but Justice Ted Richard decided last week that they cannot wait until their appeals have been decided.

The money must be paid into the Worker’s Compensation Board (WCB) accident fund and held for the families until all pending appeals are concluded.

“Both sides of this litigation are adequately secured and can clearly pay or repay the judgment amount,” Richard said in his decision.

“In such a case, there should be no stay of a money judgement barring some unusual circumstances.

Mike Triggs, legal counsel for the WCB, said he does not know when payment will be put into the accident fund or the exact amount that will be paid.

The money will come from the territorial government’s insurer, who will then be responsible for collecting it from the defendants.

Richard said the court can order the WCB to repay the judgement amount should the court of appeal at some point rule in favour of Royal Oak and the other appellants.

In Dec. 2004, Justice Arthur Lutz ruled that Roger Warren, Royal Oak Ventures, Pinkerton Security, the GNWT, Canadian Auto Workers and three union members were jointly liable for the deaths of the nine miners killed by the bomb set underground by Warren in 1992.