Vollant v. Sioui

Vollant v. Sioui

Motion to convert to an action dismissed because the issues are simple, can be satisfactorily resolved by affidavit evidence with cross-examination as needed, and do not meet the "clearest of circumstances" threshold for viva voce evidence under s.18.4(2).

Source-derived case information.

Citation
2004 FC 1625
Parties
Applicant: Albert Vollant; Respondent (member or Former Member of Band Council): Konrad Sioui; Respondent (member or Former Member of Band Council): Rosario Pinette; Respondent (member or Former Member of Band Council): Céline Bellefleur; Respondent (member or Former Member of Band Council): Georges-Ernest Grégoire; Respondent (member or Former Member of Band Council): Marcelle St-Onge; Respondent (member or Former Member of Band Council): Gilles Jourdain; Respondent (member or Former Member of Band Council): Ronald Fontaine; Respondent (member or Former Member of Band Council): Maurice Vollant
Court
Federal Court
Jurisdiction
Canada
Judgment Date
19 November 2004
Procedural Posture
Application for Judicial Review / Respondents' Motion Under S.18.4(2) Federal Courts Act to Have Application Proceeded With as an Action (conversion to Action)
Outcome
Respondents' motion under s.18.4(2) to proceed with the application as an action dismissed; respondents ordered to pay costs
Legal Topics
Judicial Review Procedure, Conversion to Action Under S.18.4(2), Motions Practice, Band Council Governance, Flying Resolution Practice
Source Language
english
Administrative Law Aboriginal Law Civil Procedure Judicial Review Procedure Conversion to Action Under S.18.4(2) Motions Practice Band Council Governance Flying Resolution Practice

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Parties

Albert Vollant

Applicant

Konrad Sioui

Respondent (member or Former Member of Band Council)

Rosario Pinette

Respondent (member or Former Member of Band Council)

Céline Bellefleur

Respondent (member or Former Member of Band Council)

Georges-Ernest Grégoire

Respondent (member or Former Member of Band Council)

Marcelle St-Onge

Respondent (member or Former Member of Band Council)

Gilles Jourdain

Respondent (member or Former Member of Band Council)

Ronald Fontaine

Respondent (member or Former Member of Band Council)

Maurice Vollant

Respondent (member or Former Member of Band Council)

Procedural Posture

Application for Judicial Review / Respondents' Motion Under S.18.4(2) Federal Courts Act to Have Application Proceeded With as an Action (conversion to Action)

Legal Issues

  1. 1 Whether the application for judicial review should be proceeded with as an action under s.18.4(2) of the Federal Courts Act
  2. 2 Whether affidavit evidence (with possible cross-examination) is adequate to resolve disputed facts regarding adoption of resolution 04-05-64 (the flying resolution)
  3. 3 Whether omission to contact the applicant to sign the flying resolution invalidates the procedure and requires viva voce evidence

Ratio Decidendi

Motion to convert to an action dismissed because the issues are simple, can be satisfactorily resolved by affidavit evidence with cross-examination as needed, and do not meet the "clearest of circumstances" threshold for viva voce evidence under s.18.4(2).

Court Disposition

Respondents' motion under s.18.4(2) to proceed with the application as an action dismissed; respondents ordered to pay costs

Orders

  • Motion to order that the application for judicial review proceed as an action under s.18.4(2) dismissed.
  • Respondents to pay costs.