Cassandra Porter

The defendant, The Cadillac Fairview Corporation, brought a motion to dismiss the plaintiff's action for delay under Rule 24.01(1)(c) or, alternatively, to impose a timetable.

The plaintiff, Joanne Tsivaras, opposed the dismissal.

The court found that while there was a lengthy delay, it was not sufficiently inordinate or prejudicial to warrant dismissal, allowing the action to proceed.

The court granted the alternative request for a timetable and awarded partial indemnity costs to the defendants.

A separate hearing was ordered to determine whether the plaintiff or her lawyers (Pace Law Firm) should bear the costs liability, due to concerns about the law firm's conduct regarding file management and communication.

This endorsement addresses two motions to intervene in a land claim action brought by the Cree Nation of Eeyou Istchee against the Crown.

The Moose Cree First Nation sought to intervene as a necessary party, claiming exclusive Aboriginal title to a portion of the disputed lands.

The Nishnawbe Aski Nation (NAN), a political territorial organization representing 49 First Nations, sought to intervene as an added party, asserting a general interest in the interpretation and application of Treaty #9.

The court granted the Moose Cree First Nation status as a necessary party without conditions under Rule 5.03, acknowledging its direct territorial claim.

The Nishnawbe Aski Nation was granted status as a friend of the court under Rule 13.02, with specific limitations on its participation, as it lacked a direct or immediate interest in the substance of the claim independent of its members.

The court emphasized the complexity of multi-lateral disputes between First Nations in the context of reconciliation.