Commando v. Mattagami First Nation

Commando v. Mattagami First Nation

The court held that in the interests of fairness the defendant's motion should be adjourned to allow the plaintiffs an opportunity to retain new counsel and respond, but that fairness to the defendant required conditions: an immediate costs award of $1,500, proof of payment by a specified date, strict readiness to proceed on the adjourned date, and no further postponements; failure to be ready would permit the court to determine the motion on the defendant's submissions.

Citation
2001 FCT 36
Parties
Plaintiffs: Edmond Joseph Commando; Norm Lefebvre; Melanie Lefebvre; Kevin Lefebvre; Harvey Lefebvre; Ken Derasp; Kevin Derasp; Rebecca Derasp; Fern Commando; Ed Commando; Rodney Judge; Wendy Polaniec; Dawn Mckenzie; Ian Mckenzie; Jeannie Lazure; Agnes Naveau; William Naveau; Melissa Lazure (litigation guardian Jeannie Lazure); Matthew Lazure (litigation guardian Jeannie Lazure); Aaron Naveau (litigation guardian Agnes Naveau); Defendant: Mattagami First Nation Band Council
Court
Federal Court
Jurisdiction
Canada
Judgment Date
7 February 2001
Procedural Posture
Civil Action for General Damages (first Nation Membership Dispute) / Hearing of Defendant's Motion for Summary Judgment/convert to Judicial Review; Motion Adjourned With Terms
Outcome
Defendant's motion adjourned to allow plaintiffs to retain counsel and respond, on terms
Legal Topics
Summary Judgment, Judicial Review, Service of Process, Withdrawal of Counsel, Adjournment, Costs
Source Language
English
Civil Litigation Administrative Law Indigenous Law Procedure Summary Judgment Judicial Review Service of Process Withdrawal of Counsel +2 more

Case Brief

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Parties

Edmond Joseph Commando; Norm Lefebvre; Melanie Lefebvre; Kevin Lefebvre; Harvey Lefebvre; Ken Derasp; Kevin Derasp; Rebecca Derasp; Fern Commando; Ed Commando; Rodney Judge; Wendy Polaniec; Dawn Mckenzie; Ian Mckenzie; Jeannie Lazure; Agnes Naveau; William Naveau; Melissa Lazure (litigation guardian Jeannie Lazure); Matthew Lazure (litigation guardian Jeannie Lazure); Aaron Naveau (litigation guardian Agnes Naveau)

Plaintiffs

Mattagami First Nation Band Council

Defendant

Procedural Posture

Civil Action for General Damages (first Nation Membership Dispute) / Hearing of Defendant's Motion for Summary Judgment/convert to Judicial Review; Motion Adjourned With Terms

Legal Issues

  1. 1 Whether the defendant's Notice of Motion for summary judgment or conversion to judicial review should be decided without further input from plaintiffs
  2. 2 Whether the plaintiffs had adequate notice of the withdrawal of their former solicitor and of the motion
  3. 3 Whether the motion to convert to judicial review or to dismiss as out of time should be granted

Ratio Decidendi

The court held that in the interests of fairness the defendant's motion should be adjourned to allow the plaintiffs an opportunity to retain new counsel and respond, but that fairness to the defendant required conditions: an immediate costs award of $1,500, proof of payment by a specified date, strict readiness to proceed on the adjourned date, and no further postponements; failure to be ready would permit the court to determine the motion on the defendant's submissions.

Court Disposition

Defendant's motion adjourned to allow plaintiffs to retain counsel and respond, on terms

Orders

  • Motion adjourned to April 5, 2001 before Justice E. Heneghan
  • Costs in the amount of $1,500.00 payable forthwith to the Defendant