Morin v. Canada

Morin v. Canada

The Court preferred the defendant's expert (Bell) as more credible and compliant with Musqueam; concluded fair market value of a typical lot is $42,000 as of April 1, 1994 and $51,500 as of April 1, 1999; in absence of an amended pleading the interest rate pleaded/admitted (5.39%) governs the 1999-2004 rent calculation; defendant entitled to rents and to succeed on counterclaims for arrears; formal judgment deferred pending directed filings regarding amendment and quantum of arrears, interest and costs.

Citation
2002 FCT 1312
Parties
Plaintiffs (class Representative): Jeannine Morin et al.; Defendant (crown / Nipissing Band Delegate): Her Majesty the Queen
Court
Federal Court
Jurisdiction
Canada
Judgment Date
18 December 2002
Procedural Posture
Lease Rent Review / Class Action Concerning Valuation of Indian Reserve Land / Trial Judgment (reasons for Judgment; Formal Judgment Reserved Pending Further Submissions)
Outcome
Court preferred defendant's appraiser; found fair market values of $42,000 (April 1, 1994) and $51,500 (April 1, 1999); held that, absent an amendment to pleadings, the pleaded/admitted interest rate of 5.39% applies; defendant entitled to rents and counterclaims; formal judgment reserved pending further procedural...
Legal Topics
Fair Market Value, Lease Rent Review, Valuation of Reserve Land, Application of Musqueam Precedent, Pleadings and Admissions, Estoppel, Interest Rate Determination, Expert Appraisal Evidence
Source Language
English
Real Property Indigenous/aboriginal Law Contract Law Administrative Law Fair Market Value Lease Rent Review Valuation of Reserve Land Application of Musqueam Precedent +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Jeannine Morin et al.

Plaintiffs (class Representative)

Her Majesty the Queen

Defendant (crown / Nipissing Band Delegate)

Procedural Posture

Lease Rent Review / Class Action Concerning Valuation of Indian Reserve Land / Trial Judgment (reasons for Judgment; Formal Judgment Reserved Pending Further Submissions)

Legal Issues

  1. 1 What is the fair market value of a typical Jocko Point lot as at April 1, 1994?
  2. 2 What is the fair market value of a typical Jocko Point lot as at April 1, 1999?
  3. 3 What average Bank of Canada lending rate (interest factor) applies for the five-year period beginning April 1, 1999?

Ratio Decidendi

The Court preferred the defendant's expert (Bell) as more credible and compliant with Musqueam; concluded fair market value of a typical lot is $42,000 as of April 1, 1994 and $51,500 as of April 1, 1999; in absence of an amended pleading the interest rate pleaded/admitted (5.39%) governs the 1999-2004 rent calculation; defendant entitled to rents and to succeed on counterclaims for arrears; formal judgment deferred pending directed filings regarding amendment and quantum of arrears, interest and costs.

Court Disposition

Court preferred defendant's appraiser; found fair market values of $42,000 (April 1, 1994) and $51,500 (April 1, 1999); held that, absent an amendment to pleadings, the pleaded/admitted interest rate of 5.39% applies; defendant entitled to rents and counterclaims; formal judgment reserved pending further procedural...

Orders

  • Plaintiffs may move in writing to amend the statement of claim in T-1252-99 within 14 days of receipt of reasons and file written representations; defendant has 14 days thereafter to respond and plaintiffs may reply within 5 days
  • Defendant shall serve and file written submissions on quantum of counterclaims, pre-judgment and post-judgment interest and costs within 14 days of receipt of reasons; plaintiffs may respond within 14 days and defendant may reply within 5 days