Wanderingspirit v. Marie

Wanderingspirit v. Marie

Because the surveying work was urgent, served the collective interest of the Band and would cease absent payment, the court authorized respondents to pay outstanding and future invoices related to the TLE surveying contract from the frozen Band account; objections based on the contract being with a numbered company did not justify halting the work because separate recovery actions against the company could be pursued later.

Citation
2003 FCT 238
Parties
Applicants Councillors of the Salt River First Nation 195 (elected August 30, 2002): Melvin Wanderingspirit; Delphine Beaulieu; Toni Heron; Raymond Beaver; Sonny McDonald; Respondents Chief, Band Council Members and Interim Band Manager: Victor Marie; Norman Starr; Nora Beaver; David Gowans; Connie Benwell; Michel Bjornson; Harvey Lepine; Don Tourangeau; Jeannie Marie-Jewell
Court
Federal Court
Jurisdiction
Canada
Judgment Date
25 February 2003
Procedural Posture
Interlocutory Application for Interim Relief / Interim Order (reasons for Order)
Outcome
Interlocutory order granted permitting respondents to pay outstanding and future surveying invoices from the Band account
Legal Topics
Interim Relief, Frozen Bank Account, Payment of Contractors, Treaty Land Entitlement, Authority Over Band Funds
Source Language
English
Aboriginal Law Trusts and Fiduciary Obligations Civil Procedure Equity Administrative Law Interim Relief Frozen Bank Account Payment of Contractors +2 more

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Parties

Melvin Wanderingspirit; Delphine Beaulieu; Toni Heron; Raymond Beaver; Sonny McDonald

Applicants Councillors of the Salt River First Nation 195 (elected August 30, 2002)

Victor Marie; Norman Starr; Nora Beaver; David Gowans; Connie Benwell; Michel Bjornson; Harvey Lepine; Don Tourangeau; Jeannie Marie-Jewell

Respondents Chief, Band Council Members and Interim Band Manager

Procedural Posture

Interlocutory Application for Interim Relief / Interim Order (reasons for Order)

Legal Issues

  1. 1 Whether respondents may make payments from a frozen Band trust account to satisfy surveying invoices relating to the Treaty Land Entitlement agreement
  2. 2 Whether payment would prejudice the applicants given the surveying contract was with a numbered company (1990 NT Ltd.) rather than the Band
  3. 3 Whether the urgency and public interest in completing TLE work justify authorizing payments despite leadership dispute

Ratio Decidendi

Because the surveying work was urgent, served the collective interest of the Band and would cease absent payment, the court authorized respondents to pay outstanding and future invoices related to the TLE surveying contract from the frozen Band account; objections based on the contract being with a numbered company did not justify halting the work because separate recovery actions against the company could be pursued later.

Court Disposition

Interlocutory order granted permitting respondents to pay outstanding and future surveying invoices from the Band account

Orders

  • Respondents permitted to pay outstanding and forthcoming accounts in respect of the surveying contract relating to the Treaty Land Entitlement agreement of June 2002 from the Band account to Ollerhead & Associates Ltd., Canada Lands Surveyors and Engineers
  • Respondents permitted to pay outstanding and forthcoming accounts to Harrington Industries (supplier of survey equipment)