Chapel Island First Nation v. Busch
The trial judge correctly concluded the Chapel Island Band Council did not fall within the definition of 'person' in s.10(1) of the Quieting Titles Act and therefore could not be added as a party; no error was shown on appeal, so the appeal was dismissed.
Source-derived case information.
- Citation
- 1997 NSCA 73
- Parties
- Appellant: THE CHAPEL ISLAND FIRST NATION BAND COUNCIL; Respondent: HANS AND MARY THERESA BUSCH; Respondent: THE ATTORNEY GENERAL OF N.S.
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 18 March 1997
- Procedural Posture
- Appeal Under Quieting Titles Act (s.10(1)) / Court of Appeal Decision on Application to Be Added as Party
- Outcome
- Appeal dismissed
- Legal Topics
- Quieting of Title, Definition of 'person' Under Statute, Intervention and Party Status, Land Claim / Reservation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
THE CHAPEL ISLAND FIRST NATION BAND COUNCIL
Appellant
HANS AND MARY THERESA BUSCH
Respondent
THE ATTORNEY GENERAL OF N.S.
Respondent
Procedural Posture
Appeal Under Quieting Titles Act (s.10(1)) / Court of Appeal Decision on Application to Be Added as Party
Legal Issues
- 1 Whether the Chapel Island Band Council is a 'person' for purposes of being added as a party under s.10(1) of the Quieting Titles Act
- 2 Whether the trial judge erred in dismissing the Band Council's application to intervene
- 3 Whether precedent (Afton Band of Indians and Perro v. Province of Nova Scotia) applies
Ratio Decidendi
The trial judge correctly concluded the Chapel Island Band Council did not fall within the definition of 'person' in s.10(1) of the Quieting Titles Act and therefore could not be added as a party; no error was shown on appeal, so the appeal was dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed without costs
Full Case Text
Judgment text and source record
1 paragraphs
Chapel Island First Nation v. Busch Court Court of Appeal Date 1997-03-18 Citation 1997 NSCA 73 Docket CA 133259 Judge/Registrar/Adjudicator Hart, Gordon L.S. (Honourable Justice); Hallett, J. Doane (Honourable Justice) (CA); Clarke, Lorne O. (Honourable Chief Justice) Document Type Decision Decision Content C.A. No. 133259 NOVA SCOTIA COURT OF APPEAL Cite as: Chapel Island First Nation v. Busch, 1997 NSCA 73 Clarke, C.J.N.S.; Hart and Hallett, JJ.A. BETWEEN: THE CHAPEL ISLAND FIRST NATION ) Gerald A. MacDonald BAND COUNCIL ) for the Appellant Appellant ) - and - ) ) Arthur W. D. Pickup, Q.C. ) for the Respondents ) HANS AND MARY THERESA BUSCH ) and THE ATTORNEY GENERAL OF N.S. ) ) Respondents ) Appeal Heard: ) March 18, 1997 ) ) ) Judgment Delivered: ) March 18, 1997 ) ) ) ) ) ) ) ) THE COURT: Appeal dismissed, per oral reasons for judgment of Clarke, C.J.N.S.; Hart and Hallett, JJ.A. concurring. The reasons for judgment of the Court were delivered orally by CLARKE, C.J.N.S.: The issue in this appeal, as stated by the appellant, is whether the Chapel Island Band Council can be considered a person for purposes of being added as a party to a Quieting Titles Application, pursuant to s. 10(1) of the Quieting Titles Act, R.S.N.S. 1989, c. 382. In an application made to the Supreme Court, the appellant sought to intervene as a defendant in an action brought by the respondents Busch to quiet the title to land known as McNamara's Island which they acquired by deed in 1975. The appellant filed the affidavit of Mr. Beal asserting a land claim to the Island as an Indian reservation. Justice Edwards dismissed the application concluding for the reasons he gave that the appellant Band Council did not fall within the definition of "person" as provided by the Act. He also relied on the decision of Jones, J. (then of the Trial Division) in Afton Band of Indians and Perro v. Province of Nova Scotia (1979), 29 N.S.R. (2d) 226. After reviewing the record and considering the written and oral submissions of both counsel, we have concluded Justice Edwards did not err in his result. Therefore, the appeal is dismissed without costs. C.J.N.S. Concurred in: Hart, J.A. Hallett, J.A. C.A. No. 133259 NOVA SCOTIA COURT OF APPEAL BETWEEN: THE CHAPEL ISLAND FIRST NATION ) BAND COUNCIL ) ) Appellant ) - and - ) REASONS FOR ) JUDGMENT BY: HANS AND MARY THERESA BUSCH ) and THE ATTORNEY GENERAL OF N.S. ) Clarke, C.J.N.S. ) (Orally) Respondents ) ) ) ) ) ) )