Windsun Energy Corp. v. Cat Lake First Nation

Windsun Energy Corp. v. Cat Lake First Nation

The pleadings disclose private law contract, quantum meruit and tort/equitable claims between private parties without any Crown involvement or statutory provision conferring adjudicative jurisdiction on the Federal Court; because the first branch of the ITO‑Windsor test (statutory grant) is not met it is plain and obvious the Court lacks jurisdiction, so both the Statement of Claim and the Counterclaim must be struck without leave to amend.

Citation
2022 FC 1505
Parties
Plaintiff (responding Party): WINDSUN ENERGY CORP.; Defendant (moving Party): CAT LAKE FIRST NATIONS also known as PESHEWESAHEKNIK NETUM ANESHENAPEK; Defendant (moving Party): MARCEL GAGNON as Recipient Appointed Advisor for Cat Lake First Nation; Plaintiff by Counterclaim (respondent by Cross Motion): CAT LAKE FIRST NATIONS also known as PESHEWESAHEKNIK NETUM ANESHENAPEK; Defendant by Counterclaim (moving Party, in Part, by Cross Motion): WINDSUN ENERGY CORP.; Defendant by Counterclaim (moving Party, in Part, by Cross Motion): GERALD PAULIN; Defendant by Counterclaim (moving Party, in Part, by Cross Motion): PATRICIA MAGISKAN; Defendant by Counterclaim (moving Party, in Part, by Cross Motion): RAINDANCER NORTH INC.; Defendant by Counterclaim (moving Party, in Part, by Cross Motion): DAVID MORGAN; Defendant by Counterclaim (moving Party, in Part, by Cross Motion): DC AVIATION CANADA; Defendant by Counterclaim (moving Party, in Part, by Cross Motion): CELTIC AIR SERVICES LIMITED
Court
Federal Court
Jurisdiction
Canada
Judgment Date
4 November 2022
Procedural Posture
Civil (contract and Tort) / Motions to Strike Pleadings Under Rule 221 (jurisdictional Challenge)
Outcome
Both motions granted; Statement of Claim and Counterclaim struck without leave to amend; proceeding dismissed
Legal Topics
Jurisdictional Limits of Federal Court, Ito‑windsor Test, Quantum Meruit, Unjust Enrichment, Conspiracy, Rule 221 Striking Pleadings
Source Language
English
Federal Court Jurisdiction Indigenous Law Contract Law Tort Law Equitable Remedies Administrative Law Jurisdictional Limits of Federal Court Ito‑windsor Test +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 4 Authorities cited 12 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

WINDSUN ENERGY CORP.

Plaintiff (responding Party)

CAT LAKE FIRST NATIONS also known as PESHEWESAHEKNIK NETUM ANESHENAPEK

Defendant (moving Party)

MARCEL GAGNON as Recipient Appointed Advisor for Cat Lake First Nation

Defendant (moving Party)

CAT LAKE FIRST NATIONS also known as PESHEWESAHEKNIK NETUM ANESHENAPEK

Plaintiff by Counterclaim (respondent by Cross Motion)

WINDSUN ENERGY CORP.

Defendant by Counterclaim (moving Party, in Part, by Cross Motion)

GERALD PAULIN

Defendant by Counterclaim (moving Party, in Part, by Cross Motion)

PATRICIA MAGISKAN

Defendant by Counterclaim (moving Party, in Part, by Cross Motion)

RAINDANCER NORTH INC.

Defendant by Counterclaim (moving Party, in Part, by Cross Motion)

DAVID MORGAN

Defendant by Counterclaim (moving Party, in Part, by Cross Motion)

DC AVIATION CANADA

Defendant by Counterclaim (moving Party, in Part, by Cross Motion)

CELTIC AIR SERVICES LIMITED

Defendant by Counterclaim (moving Party, in Part, by Cross Motion)

Procedural Posture

Civil (contract and Tort) / Motions to Strike Pleadings Under Rule 221 (jurisdictional Challenge)

Legal Issues

  1. 1 Whether the Federal Court has jurisdiction to hear the Statement of Claim
  2. 2 Whether the Federal Court has jurisdiction to hear the Counterclaim
  3. 3 Whether the pleadings disclose a reasonable cause of action within Federal Court jurisdiction

Ratio Decidendi

The pleadings disclose private law contract, quantum meruit and tort/equitable claims between private parties without any Crown involvement or statutory provision conferring adjudicative jurisdiction on the Federal Court; because the first branch of the ITO‑Windsor test (statutory grant) is not met it is plain and obvious the Court lacks jurisdiction, so both the Statement of Claim and the Counterclaim must be struck without leave to amend.

Court Disposition

Both motions granted; Statement of Claim and Counterclaim struck without leave to amend; proceeding dismissed

Orders

  • The Cat Lake First Nation motion to strike is granted
  • Windsun Energy Corp.'s Statement of Claim is struck without leave to amend and this proceeding is dismissed