Dodge v. Johnson

Dodge v. Johnson

Applicant established a serious issue for trial but failed to demonstrate that he personally would suffer irreparable harm if the February 1, 2003 election proceeded; because the second branch of the interlocutory injunction test was not met, the motion was dismissed without need to decide balance of convenience; ancillary requests (receiver, other governance orders) also denied on same basis.

Citation
2003 FCT 36
Parties
Applicant: Lonnie Dodge; Respondent: Larry Johnson; Respondent: Franklin Solomon; Respondent: The Caldwell First Nation of Point Pelee and Pelee Island Band Council; Respondent: John C. Peters
Court
Federal Court
Jurisdiction
Canada
Judgment Date
16 January 2003
Procedural Posture
Judicial Review; Interlocutory Injunction Motion / Interlocutory Motion to Restrain Election (motion Dismissed)
Outcome
Motion dismissed; costs in the cause.
Legal Topics
Interim Injunction, Judicial Review, Band Governance, Customary Law, Mandamus, Receiver Appointment
Source Language
English
Administrative Law Indigenous Law Election Law Civil Procedure Interim Injunction Judicial Review Band Governance Customary Law +2 more

Case Brief

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Parties

Lonnie Dodge

Applicant

Larry Johnson

Respondent

Franklin Solomon

Respondent

The Caldwell First Nation of Point Pelee and Pelee Island Band Council

Respondent

John C. Peters

Respondent

Procedural Posture

Judicial Review; Interlocutory Injunction Motion / Interlocutory Motion to Restrain Election (motion Dismissed)

Legal Issues

  1. 1 Whether the Band election call complied with the Band's custom and applicable statutory/regulatory regime
  2. 2 Whether the applicant satisfied the tripartite test for an interlocutory injunction (serious issue, irreparable harm, balance of convenience)
  3. 3 Whether a receiver/manager should be appointed over Band affairs

Ratio Decidendi

Applicant established a serious issue for trial but failed to demonstrate that he personally would suffer irreparable harm if the February 1, 2003 election proceeded; because the second branch of the interlocutory injunction test was not met, the motion was dismissed without need to decide balance of convenience; ancillary requests (receiver, other governance orders) also denied on same basis.

Court Disposition

Motion dismissed; costs in the cause.

Orders

  • Motion dismissed
  • Interlocutory injunction restraining the February 1, 2003 election denied