7 total
The court approved the notice of certification and notice plan for a class action.
This motion sought approval for the notice of certification and notice plan in a class proceeding concerning toxic mold in housing on Long Lake No. 58 First Nation's reserve.
The court approved the proposed notice, finding it clear and easy to understand, and the opt-out procedure straightforward.
The court also approved the notice plan, which included delivery by mail, posting on Facebook, and at community offices, and confirmed that notice only in English was appropriate given the class members' language.
Injunction granted restraining gas station construction on reserve pending compliance with band council moratorium.
Hiawatha First Nation applied for a permanent injunction to restrain three of its members from constructing a gas station on the reserve.
The band argued the construction violated the Indian Act, a band by-law requiring building permits, a band resolution imposing a moratorium on new businesses, and environmental legislation.
The court found that the building permit by-law and environmental legislation did not apply, and that the proposed business structure did not violate the Indian Act.
However, the court held that the band resolution imposing a moratorium was an enforceable by-law.
The court granted an injunction restraining construction while the moratorium remains in effect and until the proponents comply with all applicable laws.
The court dismissed Batchewana First Nation's motion for joinder or leave to intervene in the Robinson Superior Treaty action.
Batchewana First Nation sought to be joined as a necessary party plaintiff or, alternatively, for leave to intervene as an added party plaintiff in the Robinson Superior Treaty action, which concerns claims for augmented annuities.
The motion was dismissed.
The court found that Batchewana, a beneficiary of the Robinson Huron Treaty, was not a necessary party to the Superior action, as its claim for augmented annuities based on "just claims" to lands within the Superior Territory was inconsistent with its prior position in the Huron action and did not directly relate to the Superior Treaty's interpretation or compensation.
The court also found that Batchewana did not meet the criteria for intervention and that its proposed intervention would cause undue delay and prejudice to the complex, multi-stage litigation.
Motion to set aside order quashing judicial review dismissed; prosecutorial discretion regarding Indigenous hunting rights is not justiciable.
The applicants brought a motion to set aside an order quashing their application for judicial review of the Minister's decision to apply an Interim Enforcement Policy to certain First Nations regarding hunting and fishing rights.
The Divisional Court dismissed the motion, upholding the motions judge's finding that the Minister's decision was an exercise of prosecutorial discretion and therefore not justiciable absent an abuse of process.
The Court also agreed that the applicant's section 15 Charter claim was bound to fail as the policy did not alter his rights or impose a burden based on race.
Furthermore, the Court held it lacked jurisdiction under the Judicial Review Procedure Act because the policy was not an exercise of a statutory power.
Motion to set aside order adding First Nations as parties and awarding substantial indemnity costs dismissed.
The applicants brought a motion to set aside an order of the motions judge, which added the Williams Treaties First Nations as necessary parties or interveners to an application for judicial review and awarded substantial indemnity costs against the applicants.
The Divisional Court dismissed the motion, finding no error of law or palpable and overriding error of fact in the motions judge's conclusion that the First Nations would be directly affected by the declarations sought.
The court also upheld the costs award, noting that the applicants persisted with an unnecessary motion despite being on notice that elevated costs would be sought.
Motion to quash granted; Minister's Aboriginal hunting enforcement policy protected by prosecutorial discretion and Charter s. 15(2).
The applicants sought judicial review of the Minister of Natural Resources' decision to apply an Interim Enforcement Policy, which permits Aboriginal people to hunt and fish for food, social, and ceremonial purposes, within the 1923 Williams Treaties boundaries.
The Minister brought a motion to quash the application.
The Divisional Court granted the motion, finding that the application of the policy was an exercise of prosecutorial discretion, which is immune from judicial review absent an abuse of process.
The court also held that the policy did not violate the applicants' equality rights under section 15 of the Charter, as it constituted an ameliorative program under section 15(2).
First Nations added as necessary parties to judicial review challenging treaty‑related enforcement policy.
Several First Nations moved to be added as party respondents in a judicial review application challenging Ontario’s Interim Enforcement Policy permitting First Nations to hunt and fish for food, social and ceremonial purposes on lands subject to the 1923 Williams Treaties pending resolution of related litigation.
The applicant organization opposed the motion, arguing the First Nations should not participate as parties or should be limited to intervenor status.
The court held that the proceeding directly targeted the asserted treaty and Charter rights of the First Nations and that effective adjudication required their participation.
The First Nations met the test for mandatory joinder under Rule 5.03 of the Rules of Civil Procedure and would also qualify as party intervenors under Rule 13.01.
As they were plainly proper parties and were forced to bring the motion after the applicant resisted their participation, the court awarded them substantial indemnity costs.
