David J. Feliciant

At a trial management conference, an issue arose as to whether the plaintiff's pleadings in an Indigenous land claim action sought the recovery of Crown lands or merely monetary relief for alleged breaches of duty.

The court ruled that determining this issue before trial was necessary.

Analyzing the pleadings, the court found the claim exclusively sought equitable compensation, damages, and accounting, and did not properly plead any present-day interest in or right to recover actual Crown land in the Haldimand Tract.

During pre-trial examinations in an Indigenous land claim, the plaintiff cross-examined the Crown's expert historian.

The Crown and Ontario objected to several questions, arguing they exceeded the expert's scope of expertise regarding pre-confederation Ontario land systems and strayed into Crown-Indigenous relations.

The court ruled on six objections, allowing questions that sought historical context for documents raised in chief, but sustaining objections to questions seeking opinions on matters outside the expert's specific research, such as the Indigenous perspective on the Crown's protective role.

This endorsement from a case conference addresses procedural issues in a complex litigation, specifically disputes regarding the admissibility of expert reports and estimates of trial length.

The court noted progress in resolving these issues and scheduled a further case conference to revisit them and receive an update on an expert witness's health.

This endorsement from a case conference addresses several procedural issues in a complex litigation.

It sets a timetable for a forthcoming motion by the Attorney General of Canada regarding the taking of evidence from certain witnesses before trial.

The court also noted Ontario's expected late delivery of expert reports, discussed the parties' differing estimates for trial length and scheduled a follow-up conference, and provided guidance on addressing concerns about trial presentation software (CaseLines).

This endorsement from a case conference addresses several procedural issues in a complex litigation, including the taking of expert evidence before trial, Canada's missed deadline for an expert report, the appointment of pre-trial and trial judges, the use of trial presentation software, and Ontario's Crown immunity defence.

The court scheduled a motion for expert evidence and provided directions for parties to prepare a trial timetable and discuss judicial assistance.

This costs endorsement addresses the entitlement of the Chippewas of Nawash Unceded First Nation and Saugeen First Nation (SON) to costs from Ontario following a partially successful appeal.

SON had sued Canada and Ontario for Aboriginal title to submerged lands and for breaches of fiduciary duty.

The Court of Appeal allowed SON’s title claim appeal to the extent of remitting the matter back to the trial judge for a determination on a more limited portion of the claim area, while dismissing their treaty claim appeal.

SON had settled costs with Canada and was not seeking costs for the treaty claim.

The court found that SON was the overall successful party on the title claim appeal against Ontario, as they obtained the relief sought (remittal), and Ontario's position was to dismiss the claim entirely.

The quantum of costs sought by SON was deemed reasonable given the complexity and public importance of the appeal.

This case management conference endorsement addresses the timetable for a complex action, primarily focusing on the delivery of expert reports and amended pleadings.

The court resolved disagreements between the plaintiff, defendants, and intervener regarding deadlines for expert reports, particularly those from the Mississaugas of the Credit First Nation (MCFN) and experts who had been ill.

The court also set a deadline for Ontario's defence to Canada's cross-claim, prioritizing realistic timelines and efficiency over the plaintiff's desire for earlier closures.

The appellants, the Chippewas of Nawash Unceded First Nation and the Saugeen First Nation, appealed the dismissal of their claim for Aboriginal title to submerged lands in Lake Huron and Georgian Bay, and their claim for breach of fiduciary duty regarding the Crown's failure to protect their lands from settler encroachment under Treaty 45 ½.

The Court of Appeal upheld the trial judge's dismissal of the broad Aboriginal title claim but remitted the matter to determine if title could be established over a smaller, specific area.

The Court affirmed that the Crown breached its treaty promise and the honour of the Crown by failing to diligently protect the lands, but agreed no fiduciary duty was owed.

The Court also allowed the municipalities' cross-appeal, dismissing the action against them on the basis that a constructive trust over municipal roads was an inappropriate remedy.

The plaintiff, Six Nations of the Grand River Band of Indians, brought a motion to amend its statement of claim in a long-standing action concerning the Haldimand Tract.

The defendants did not oppose the amendments but sought extensive time to deliver responding expert reports.

The Attorney General of Canada brought a cross-motion to strike portions of the claim that pleaded breaches of duty 'by example'.

The court dismissed the cross-motion, finding that pleading by example was appropriate given the plaintiff's claim for a complete accounting.

The court granted the motion to amend and set a timeline for the defendants to deliver responding expert evidence, rejecting the defendants' request for a multi-year extension based on their internal retention processes.

Costs of $90,000 were awarded to the plaintiff.

The Attorney General of Canada brought a motion seeking leave to examine three expert witnesses before trial.

The parties largely resolved the motion, leaving the court to adjudicate the quantum of interim costs payable by Canada to the plaintiff (Six Nations of the Grand River Band of Indians) and the costs of the motion.

The court awarded the plaintiff $150,000 in interim costs to indemnify for financial prejudice due to duplicated work and early incurred expenses from the pre-trial examinations.

The court declined to award costs for the motion itself, finding that all parties had compromised their positions and no exceptional circumstances warranted a costs award.

This case management conference addressed the plaintiff's proposed amended statement of claim and the defendants' request to vary the timetable for expert reports.

The court scheduled the motion to amend the statement of claim.

Regarding the expert reports, the court was prepared to consider an extension but required more specific information from the defendants regarding which reports needed expansion, why, and the estimated time required, rather than vacating the date outright.

A further case management conference was scheduled to address the expert report timetable.

A case management conference was held to address the parties' efforts to clarify the scope of the plaintiff's claims.

The plaintiff delivered a proposed amended statement of claim following demands for particulars and written interrogatories.

The defendants required additional time to review the proposed claim to determine consent, timetable impacts, and the scope of any necessary motions.

A further case management conference was scheduled to address these issues.

This case conference endorsement addresses several procedural issues in ongoing litigation involving Six Nations of the Grand River Band of Indians against the Attorney General of Canada and His Majesty the King in Right of Ontario.

The endorsement finalizes the content of a notice for intervention motions, adjusts the timetable for cross-examinations and factum deliveries, resolves confidentiality concerns regarding expert reports appended to motion materials, and confirms the venue for intervention motion hearings.

A case conference was held to address procedural issues arising from a prior endorsement in an Indigenous land claim action.

The court determined the content and scope of a notice to be delivered to Haudenosaunee communities, ruling that the defendants could state their position in the notice and that delivery would not be expanded to Treaty 18 and 19 beneficiaries to avoid undue complexity.

The court also held that no special communications protocol was necessary and declined to order the proposed intervener, Men's Fire, to deliver a pleading.

A case management conference was held in an Aboriginal land claim action to address procedural issues.

The defendants sought clarification of the plaintiff's claims following the delivery of the plaintiff's expert reports.

The court directed the defendants to deliver demands for particulars and written interrogatories, and the plaintiff to respond or amend its statement of claim.

The court also amended the timetable for the delivery of expert reports due to delays.

Finally, the court ordered that parties must not disclose unfiled expert reports to non-parties, other than retained or potential experts, without first raising the issue in case management.

In a long-running Indigenous land claim concerning alleged Crown breaches of fiduciary and treaty obligations arising from the Haldimand Proclamation and Simcoe Patent, the court issued a case conference endorsement setting the process for forthcoming intervention motions.

The court declined to make case conferences public, but directed broader notice to affected Haudenosaunee communities and supported creation of a website containing publicly filed materials.

The court rejected, at this stage, informal in situ proceedings to gather process submissions or appointment of an amicus curiae, while indicating the intervention motions should be heard in person on the lands at issue if feasible, failing which in Brantford.

A timetable was fixed to move the intervention motions forward efficiently while allowing additional interested groups time to participate.

This decision addresses a motion for intervener status in an appeal concerning novel issues of Aboriginal title to submerged lands and the public right of navigation.

The Court of Appeal for Ontario granted intervener status to four Indigenous communities, finding they could make a useful contribution to the appeal.

The order stipulated that interveners could not raise new issues and that affidavits filed in support of the motions were for contextual purposes only, not for adjudicative facts.