Bruce McIvor

Teme-Augama Anishnabai and Temagami First Nation (TAA) sought leave to intervene as added party plaintiffs in the Restoule action, a case concerning the Robinson Huron Treaty of 1850.

While the original plaintiffs and Canada consented to the intervention, Ontario opposed a specific condition that would allow TAA to seek leave to file reply reports to Ontario's reports, even if TAA had not previously filed principal reports.

TAA argued this condition was necessary due to unique interests stemming from a prior Supreme Court decision and ongoing negotiations regarding their s. 35 rights.

The court granted the intervention with the disputed condition, finding Ontario's perceived risk of case splitting speculative and emphasizing the potential prejudice to TAA if denied the ability to respond to evidence on critical treaty boundary issues.

The proposed intervenor, Shoal Lake #40 First Nation, brought a motion for leave to intervene as an added party or friend of the court in an action for damages brought by Iskatewizaagegan No. 39 Independent First Nation against the City of Winnipeg and the Province of Ontario.

The underlying action sought compensation for the taking of water from Shoal Lake pursuant to a 1913 Order in Council.

The court dismissed the motion, finding that the proposed intervenor had no direct interest in the plaintiff's specific claim for damages, that its participation would cause delay, and that it was free to commence its own action for compensation.