The defendant Attorney General of Canada brought a motion to strike the plaintiffs' statement of claim, which sought $1.5 billion in damages for negligence, misfeasance in public office, breach of aboriginal rights, and breach of fiduciary duty.
The claims arose from the Crown's alleged forced incorporation of the plaintiffs' tobacco manufacturing partnership and its failure to enforce anti-contraband initiatives on the reserve.
The court dismissed the motion to strike, finding that it was not plain and obvious that the claims would fail, given the evolving nature of aboriginal law and the specific interactions pleaded.
The court granted the plaintiffs leave to amend their pleading to add all partners as plaintiffs and to provide further material facts for the aboriginal rights claim.
