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The Federal Court held the Lower Kootenay Indian Band was not a borrowing member, some 2012 FAL provisions remained in force, and Board approval is needed for repeal.
The Federal Court granted summary judgment on a Stage I common issue about on-reserve housing, finding Canada owed fiduciary and care duties and that Charter rights were engaged, but not section 36.
The court certified an Indigenous child welfare class action alleging systemic negligence, Charter breaches, fiduciary duty, and unjust enrichment, and rejected certification-stage immunity bars.
The court allowed the appeal: the pleading, read as a whole and assuming its facts, discloses a cause of action for breach of a class‑wide fiduciary duty because professional rules are one factor among pleaded facts (vulnerability, trust, reliance, advisor discretion, control of information, undisclosed conflicts and profit, and MFDA admissions); it is not plain and obvious the claim has no reasonable prospect of success; matter remitted to Superior Court for fresh determination of common issues and preferable procedure and certifiability of knowing assistance/receipt; costs awarded to appell…
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The proposed wrongful dismissal amendment raises a triable, justiciable defence to the plaintiff's fiduciary duty claim and the plaintiff failed to prove the amendment was sought in bad faith or that it will suffer serious prejudice that cannot be compensated by costs; accordingly judicial discretion under Rule 83.02(2) should be exercised to allow the amendment while protecting the plaintiff by awarding costs on the motion and permitting cost apportionment for additional discovery.
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Certification application in a proposed spa data-breach class action was dismissed because the notice of civil claim did not disclose a viable cause of action.
The Court held the appellant ought to have discovered its claim by December 2012 based on admissions by the appellant's principal and therefore the action against CIBC was statute-barred; the alleged fiduciary duty was not pleaded and could not rescue the claim at the summary judgment motion; however the motion judge erred in awarding excessive costs inconsistent with proportionality under the simplified procedure and the proper costs award is substituted at $25,000 inclusive.
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Federal Court dismissed a motion for an interlocutory injunction compelling an immediate Kehewin Cree Nation election, finding no strong prima facie case, irreparable harm, or balance of convenience.
The court dismissed a summary trial application, holding that a broadly worded release could not be interpreted on the existing record and needed extrinsic evidence.
The Court found the handshake constituted an enforceable agreement; Ronald MacIsaac breached that agreement by conveying the garden lot and granting a well easement that defeated the Plaintiffs' agreed rights and by permitting encroachment and contamination, causing loss. Daniel J. MacIsaac and DJMI acted for multiple conflicting clients without obtaining informed consent or providing adequate advice, breached fiduciary and contractual duties and were negligent in closing the transaction without proper inquiry or disclosure; these breaches caused quantifiable loss. Defendants are jointly and…
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