The Louis Bull Band v. Canada
The appeal was dismissed because the amendments raised issues more appropriately dealt with in the 1993 action; the Court endorsed paragraph 30 of Snider J.'s reasons and refused to disturb her order reversing the prothonotary.
Source-derived case information.
- Citation
- 2004 FCA 124
- Parties
- Appellant: THE LOUIS BULL BAND and Chief Helen Bull et al.; Respondent: HER MAJESTY THE QUEEN IN RIGHT OF CANADA
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 24 March 2004
- Procedural Posture
- Appeal / Appeal From Federal Court Order Reversing Prothonotary's Allowance of Amendment to Statement of Claim
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Amendment of Pleadings, Appropriate Forum for Related Claims, Prothonotary Decisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
THE LOUIS BULL BAND and Chief Helen Bull et al.
Appellant
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Respondent
Procedural Posture
Appeal / Appeal From Federal Court Order Reversing Prothonotary's Allowance of Amendment to Statement of Claim
Legal Issues
- 1 Whether the Federal Court order reversing the prothonotary's allowance of amendments should be overturned
- 2 Whether the amendments to the statement of claim are appropriately dealt with in this proceeding or in the 1993 action
Ratio Decidendi
The appeal was dismissed because the amendments raised issues more appropriately dealt with in the 1993 action; the Court endorsed paragraph 30 of Snider J.'s reasons and refused to disturb her order reversing the prothonotary.
Court Disposition
Appeal dismissed with costs.
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
The Louis Bull Band v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2004-03-24 Neutral citation 2004 FCA 124 File numbers A-290-03 Decision Content Date: 20040324 Docket: A-290-03 Citation: 2004 FCA 124 CORAM: NOËL J.A. EVANS J.A. PELLETIER J.A. BETWEEN: THE LOUIS BULL BAND and CHIEF HELEN BULL, HENRY RAINE, NORMAN DESCHAMPS, SIMON THREEFINGERS, SOLOMON BULL, THERESA BULL, TERRENCE RAIN, ELAINE ROASTING and JOSEPH DESCHAMPS, the Chief and Councillors of the Louis Bull Band suing in their representative capacityon behalf of all the members of the Louis Bull Band Appellants HER MAJESTY THE QUEEN IN RIGHT OF CANADA Respondent Heard at Ottawa, Ontario, on March 24, 2004. Judgment delivered from the Bench at Ottawa, Ontario, on March 24, 2004. REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20040324 Docket: A-290-03 Citation: 2004 FCA 124 CORAM: NOËL J.A. EVANS J.A. PELLETIER J.A. BETWEEN: THE LOUIS BULL BAND and CHIEF HELEN BULL, HENRY RAINE, NORMAN DESCHAMPS, SIMON THREEFINGERS, SOLOMON BULL, THERESA BULL, TERRENCE RAIN, ELAINE ROASTING and JOSEPH DESCHAMPS, the Chief and Councillors of the Louis Bull Band suing in their representative capacityon behalf of all the members of the Louis Bull Band Appellants HER MAJESTY THE QUEEN IN RIGHT OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on March 24, 2004) NOËL J.A. [1] This is an appeal from an Order of Snider J. reversing the decision of a prothonotary which allowed the appellants' motion to amend their statement of claim. [2] We have come to the conclusion that the appeal cannot succeed. [3] Without commenting on the other aspects of the decision under appeal, we endorse paragraph 30 of the reasons given by Snider J. and agree with her that the issue raised by the amendments are more appropriately dealt with in what the parties have broadly described as the 1993 action. [4] The appeal will be dismissed with cost. "Marc Noël" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD Appeal from an Order of the Federal Court dated June 12, 2003, Court File No. T-2171-98 DOCKET: A-290-03 STYLE OF CAUSE: The Louis Bull Band et al. v. Her Majesty the Queen PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: March 24, 2004 REASONS FOR JUDGMENT OF THE COURT: Noël J.A. Evans J.A. Pelletier J.A. RENDERED FROM THE BENCH BY: Noël J.A. APPEARANCES: Ms. Sylvie Molat FOR THE APPELLANTS Mr. Robert MacKinnon FOR THE RESPONDENT SOLICITORS OF RECORD: Dubuc/Osland Ottawa, Ontario FOR THE APPELLANTS Mr. Morris Rosenberg Deputy Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT