Colin Bourrier

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.

The defendants in two related class actions brought motions to compel the representative plaintiffs to answer questions refused during examinations for discovery.

The refused questions related to the plaintiffs' individual medical and employment histories, reasons for detention, and other individual experiences.

The court dismissed the defendants' motions, holding that discovery prior to a common issues trial is limited to the common issues.

The court found that the individual damages questions were not relevant to the common issues of systemic negligence or aggregate damages, which must be determined without reference to the circumstances of individual class members.

The defendants brought a motion to dismiss the plaintiffs' claims as an abuse of process and res judicata, and sought an order under s. 140 of the Courts of Justice Act to prevent the plaintiffs from starting further claims without leave.

The court dismissed the claims against all defendants except Dr. Sit and Dr. Brazel without leave to amend, finding they had been previously decided and were an abuse of process.

The court declined to make a s. 140 order, noting it lacked jurisdiction to do so on a motion.

The claims against Dr. Sit and Dr. Brazel, which related to separate allegations of battery and lack of informed consent, were struck with leave to amend.