Martel v. Council of the Samson Band

Martel v. Council of the Samson Band

The Court found no error in the Motions Judge's handling of the written motion or in granting summary judgment for Sarah Schug; therefore the appeal was dismissed and the summary judgment was affirmed.

Citation
2003 FCA 355
Parties
Plaintiffs: Louise Martel et al; Respondent (applicant): Sarah Schug; Appellants (respondents): Chief Omeasoo; The Council of the Samson Band; The Samson Band of Indians; Respondents (respondents): Her Majesty the Queen in Right of Canada; The Minister of Indian Affairs and Northern Development
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
30 September 2003
Procedural Posture
Appeal From Federal Court, Trial Division / Appeal From Order Granting Summary Judgment; Disposition Issued by Federal Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Motions, Costs, Standard of Appellate Review
Source Language
English
Civil Procedure Appeal Indigenous/aboriginal Law Summary Judgment Motions Costs Standard of Appellate Review

Case Brief

Summary, issues, holding and outcome

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Parties

Louise Martel et al

Plaintiffs

Sarah Schug

Respondent (applicant)

Chief Omeasoo; The Council of the Samson Band; The Samson Band of Indians

Appellants (respondents)

Her Majesty the Queen in Right of Canada; The Minister of Indian Affairs and Northern Development

Respondents (respondents)

Procedural Posture

Appeal From Federal Court, Trial Division / Appeal From Order Granting Summary Judgment; Disposition Issued by Federal Court of Appeal

Legal Issues

  1. 1 Whether the Motions Judge erred in deciding the motion for summary judgment in writing
  2. 2 Whether summary judgment was properly granted in favour of Sarah Schug
  3. 3 Whether this Court should interfere with the Motions Judge's decision

Ratio Decidendi

The Court found no error in the Motions Judge's handling of the written motion or in granting summary judgment for Sarah Schug; therefore the appeal was dismissed and the summary judgment was affirmed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Summary judgment in favour of Sarah Schug affirmed