Canada Case Law

Tsawwassen First Nation v. Martinolich

Court

Supreme Court of British Columbia

The Retaining Wall, Fill and Concrete Pad directly encroached onto TFN's Lot 4 and, by remaining after notification, constituted a continuing trespass at common law and under the TFN Land Act; the 2014 construction of a substantial new retaining wall inside the Bluff Management Zone without required improvement permits, committee approval or a sealed geotechnical opinion breached the Headlease and TFN building regulation; equitable relief in the form of a mandatory injunction ordering removal and restoration is warranted and TFN is entitled to solicitor-client costs under the clear indemnity…

Source excerpt

• Trespass
• Injunctive relief
• Lease/headlease compliance
• Solicitor-client costs indemnity
• Land management/bluff stabilization
• Statutory trespass under land act

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Chief James L. O’Watch v. Canada

Court

Federal Court

The Federal Court held that a 2014 bifurcation order did not bar the Crown from seeking summary judgment on limitations, and dismissed the plaintiffs’ motion.

• Bifurcation orders
• Summary judgment
• Limitations/limitation periods
• Abuse of process
• Issue estoppel
• Discoverability

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St. Theresa Point First Nation v. Canada

Court

Federal Court

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.

• Duty of care
• Sui generis and ad hoc fiduciary duties
• Charter ss.7, 15, 2(a), 2(c) engagement
• Undrip and international law in charter interpretation
• Expert evidence admissibility (white burgess/mohan)
• Summary judgment suitability

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Mi’Kmaw (Family and Children’s Services) v. Sipekne’katik First Nation

Court

Supreme Court of Nova Scotia

Nova Scotia courts will permit supplementation of an adverse party's discovery evidence where the tendered supplemental excerpts are clearly and directly connected to the impugned portions and are necessary to preserve the accuracy and integrity of the evidence; applying that test here, the Court allowed MFCS to tender narrow supplemental discovery from its witnesses because the additional material was directly connected, corrective, and necessary to avoid a misleading impression about ownership/control of funds used to construct the Building.

Source excerpt

• Use of discovery transcripts
• Supplementing discovery evidence
• Implied duty of good faith
• Ownership of funds and accounting treatment
• Indian act and reserve land jurisdiction

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JM v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The appeal is allowed because the Tribunal found on the balance of probabilities that the appellant reasonably relied on assurances from Service Canada and, given his urgent family and Indigenous reconnection circumstances and the impracticality of securing Yukon employment while remaining in Ontario, he had no reasonable alternative to quitting and therefore had just cause.

Source excerpt

• Just cause
• Voluntary leaving
• Reliance on administrative misinformation
• Relocation for family reasons
• Sixties scoop context

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Bobb v. Hobart

Court

Supreme Court of British Columbia

The court struck an amended notice of civil claim over band governance and election disputes for failing to plead material facts and for improperly advancing representative claims.

• Strike pleadings
• Standing to sue on behalf of a band
• Fiduciary duty
• Misfeasance in public office
• Abuse of process
• Justiciability of indigenous law claims

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Hill v. The King

Court

Tax Court of Canada

Applying the Williams connecting‑factors analysis to employment income, the judge gave significant weight to the fact the work was performed off‑reserve and to the nature and location of the work, moderate weight to the employee’s residence on reserve, and little weight to place of payment; the connecting factors overall favored taxation, so the appellant’s 2013–2016 employment income was not exempt under s.87(1)(b); additional years were quashed where preconditions for appeal were not met.

Source excerpt

• Tax exemption under indian act s.87(1)(b)
• Income situs test (williams)
• Employment income taxation
• Reserve land definition and disputed land
• Procedural: quash for non‑compliant appeals

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Federation of Newfoundland Indians Inc. v. Benoit

Court

Newfoundland and Labrador Court of Appeal

The Court held that procedural fairness and its inherent jurisdiction, supported by Court of Appeal Rules 6 and 14 and authority permitting leave to non-parties, warranted granting the former board members leave to apply for standing; the Court therefore set deadlines for a standing application and related appeal filings, vacated an administratively accepted discontinuance pending resolution, and provided directions to preserve appellate review.

Source excerpt

• Oppression remedy
• Standing of non-parties to appeal
• Stay pending appeal
• Replacement of corporate board
• Procedural fairness

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First Nation of Na-Cho Nyäk Dun v. Yukon (Government of)

Court

Yukon Court of Appeal

The Yukon Court of Appeal upheld judicial review of a mineral project approval for inadequate consultation on land use planning, but set aside two declarations for lack of practical utility.

• Duty to consult
• Treaty interpretation
• Judicial review
• Standard of review
• Declaratory relief
• Land use planning

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Greengen Holdings Ltd. v. British Columbia (Ministry of Forests, Lands and Natural Resource Operations)

Court

Supreme Court of British Columbia

The court awarded Greengen costs of the action at Scale C, refused uplift costs, and left earlier interlocutory costs to prior orders or Rule 14-1(12).

• Misfeasance in public office
• Costs allocation
• Scale of costs
• Uplift costs
• Discovery
• Adjournment

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