Canada Case Law

Backfat Estate v. Siksika First Nation

Court

Federal Court of Appeal

The appeals are dismissed as moot because the settlement agreement was executed by the Minister and became binding on Canada and Siksika Nation, so setting aside the Federal Court's approval would have no practical effect; the appellants did not obtain a stay and did not demonstrate separate live claims that would preserve a live controversy, and no public interest justified deciding the moot appeals.

Source excerpt

• Settlement approval
• Mootness
• Discontinuance
• Release and indemnity
• Leave/continuation of separate claims

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Giles v. Westminster Savings Credit Union

Court

Supreme Court of British Columbia

The court issued supplementary costs reasons, holding all plaintiffs liable on a several basis, refusing double costs, applying the current tariff, and setting interest from October 1, 2008.

• Costs allocation
• Joint and several vs several liability
• Divided success
• Tariff of costs
• Double costs (rule 37b)
• Interest on costs

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James v. British Columbia

Court

British Columbia Court of Appeal

The court held that union members were bound by a prior representative action’s consent dismissal, but non-union members were not privies and could proceed.

• Interpretation of rule 5(13)(a)
• Enforceability of consent dismissal orders in representative actions
• Privity
• Cause of action estoppel vs issue estoppel
• Discretion to permit relitigation
• Certification under class proceedings act

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