Bunn v. Sagkeeng First Nation

Bunn v. Sagkeeng First Nation

The Statement of Claim was struck because, on a realistic reading, it is a contractual dispute between the plaintiff and the band that does not engage any statutory grant of jurisdiction to the Federal Court under the ITO-Windsor test; the lack of jurisdiction is plain and obvious and the defects are structural and not curable by amendment.

Citation
2025 FC 1112
Parties
Plaintiff (responding Party): Eric Bunn; Defendant (moving Party): Sagkeeng First Nation
Court
Federal Court
Jurisdiction
Canada
Judgment Date
19 June 2025
Procedural Posture
Civil Contractual Claim Against First Nation / Motion to Strike Under Rule 221 (hearing)
Outcome
Motion granted; Statement of Claim struck without leave to amend; proceeding dismissed.
Legal Topics
Motion to Strike, Jurisdiction, Contingency Fee Agreement, Treaty Land Entitlement, Injunction, Solicitor and Client Costs
Source Language
English
Civil Procedure Contract Law Aboriginal Law Federal Court Jurisdiction Costs Motion to Strike Jurisdiction Contingency Fee Agreement +3 more

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Parties

Eric Bunn

Plaintiff (responding Party)

Sagkeeng First Nation

Defendant (moving Party)

Procedural Posture

Civil Contractual Claim Against First Nation / Motion to Strike Under Rule 221 (hearing)

Legal Issues

  1. 1 Whether the Statement of Claim discloses a reasonable cause of action
  2. 2 Whether the Federal Court has jurisdiction under the ITO-Windsor test to hear a contractual dispute between a band and a member
  3. 3 Whether the Statement of Claim is an abuse of process

Ratio Decidendi

The Statement of Claim was struck because, on a realistic reading, it is a contractual dispute between the plaintiff and the band that does not engage any statutory grant of jurisdiction to the Federal Court under the ITO-Windsor test; the lack of jurisdiction is plain and obvious and the defects are structural and not curable by amendment.

Court Disposition

Motion granted; Statement of Claim struck without leave to amend; proceeding dismissed.

Orders

  • The Defendant Sagkeeng First Nation’s motion to strike is granted.
  • The Plaintiff Eric Bunn’s Statement of Claim is struck without leave to amend, and this proceeding is dismissed.