Sundberg v. Anderson

Sundberg v. Anderson

The Respondents failed to establish irreparable harm and the balance of convenience favors maintaining the status quo; DIAND recognizes the Applicants as Council of record and there is no evidence of dissipation of band assets; there is no jurisdictional basis to grant the interim declaratory relief sought. Therefore the interlocutory injunctions and motion for a declaratory order are dismissed and the judicial review proceeds on an expedited, specially managed basis.

Citation
2001 FCT 558
Parties
Applicant (chief of the Kwakiutl Nation Band): Rita Sundberg; Applicant (councillor of the Kwakiutl Nation Band): David J. Hunt; Applicant (councillor of the Kwakiutl Nation Band): Wilfred Hunt; Applicant (councillor of the Kwakiutl Nation Band): Rene Hunt; Applicant (councillor of the Kwakiutl Nation Band): Alexander Wilson; Respondent: Fred Anderson; Respondent: Lucille Brotchie; Respondent: David T. Hunt Jacobson; Respondent: George Hill; Respondent: Tommy D. Hunt; Respondent: Rupert Wilson Sr.; Respondent: Eliza Brotchie; Respondent: Albert Wilson; Respondent: Deane Clark
Court
Federal Court
Jurisdiction
Canada
Judgment Date
30 May 2001
Procedural Posture
Judicial Review Application With Interlocutory Motion / Decision on Interlocutory Injunction and Declaratory Relief; Application to Proceed on Expedited/specially Managed Basis
Outcome
Motions for interlocutory injunctions dismissed; motion for declaratory order dismissed; application for judicial review to proceed on an expedited, specially managed basis; costs awarded to Applicants (Respondents in this motion); status quo to be maintained.
Legal Topics
Interlocutory Injunction, Declaratory Relief, Judicial Review, Band Governance, Election Disputes, Status Quo
Source Language
English
Administrative Law Indigenous (indian) Law Civil Procedure Equity Interlocutory Injunction Declaratory Relief Judicial Review Band Governance +2 more

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Parties

Rita Sundberg

Applicant (chief of the Kwakiutl Nation Band)

David J. Hunt

Applicant (councillor of the Kwakiutl Nation Band)

Wilfred Hunt

Applicant (councillor of the Kwakiutl Nation Band)

Rene Hunt

Applicant (councillor of the Kwakiutl Nation Band)

Alexander Wilson

Applicant (councillor of the Kwakiutl Nation Band)

Fred Anderson

Respondent

Lucille Brotchie

Respondent

David T. Hunt Jacobson

Respondent

George Hill

Respondent

Tommy D. Hunt

Respondent

Rupert Wilson Sr.

Respondent

Eliza Brotchie

Respondent

Albert Wilson

Respondent

Deane Clark

Respondent

Procedural Posture

Judicial Review Application With Interlocutory Motion / Decision on Interlocutory Injunction and Declaratory Relief; Application to Proceed on Expedited/specially Managed Basis

Legal Issues

  1. 1 Whether there is a serious issue to be tried
  2. 2 Whether the Respondents will suffer irreparable harm
  3. 3 Whether the balance of convenience favors granting interlocutory relief

Ratio Decidendi

The Respondents failed to establish irreparable harm and the balance of convenience favors maintaining the status quo; DIAND recognizes the Applicants as Council of record and there is no evidence of dissipation of band assets; there is no jurisdictional basis to grant the interim declaratory relief sought. Therefore the interlocutory injunctions and motion for a declaratory order are dismissed and the judicial review proceeds on an expedited, specially managed basis.

Court Disposition

Motions for interlocutory injunctions dismissed; motion for declaratory order dismissed; application for judicial review to proceed on an expedited, specially managed basis; costs awarded to Applicants (Respondents in this motion); status quo to be maintained.

Orders

  • Interlocutory injunction motions dismissed
  • Motion for declaratory order dismissed