The plaintiffs, claiming to be descendants of the Papaschase Indian Band, brought an action against the Crown for breach of fiduciary duty, fraud, and treaty breach relating to the 1889 surrender of their reserve.
The Crown applied for summary dismissal.
The Supreme Court of Canada restored the chambers judge's order dismissing the action, finding that there was no genuine issue for trial because the claims were barred by the Limitation of Actions Act.
The evidence established that the causes of action were discoverable by the plaintiffs in the 1970s, well beyond the limitation period.
